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An Analysis of the Deferred Educational Tribunals Bill, 2010

September 7th, 2010 1 comment

Given India’s anti-defection laws, the Educational Tribunals Bill, 2010 should have sailed through smoothly in the Rajya Sabha.  The Bill was passed in the Lok Sabha on August 26 in spite of opposition from many MPs who raised a number of pertinent issues. However, in a surprising turn of events the Bill faced opposition from Congress Rajya Sabha MP K. Keshava Rao (along with other Opposition members).  It forced the Minister of Human Resource Development Shri Kapil Sibal to defer the consideration and passing of the Bill to the Winter session of Parliament.

Such an incidence raises the larger issue of whether an MP should follow the party line or be allowed to express his opinion which may be contrary to the party.  Last year, Vice President Hamid Ansari had expressed the view that there was a need to expand the scope for individual MPs to express their opinion on policy matters.  One of the ways this could be done, he felt, was by limiting the issuance of whips “to only those bills that could threaten the survival of a government, such as Money Bills or No-Confidence Motions.”  There are others who feel that MPs should not oppose the party line in the House since they represent the party in the Parliament. (See PRS note on The Anti-Defection Law: Intent and Impact).

The Educational Tribunals Bill, introduced in the Lok Sabha on May 3, 2010, seeks to set up tribunals at the state and national level to adjudicate disputes related to higher education.  The disputes may be related to service matters of teachers; unfair practices of the higher educational institutions; affiliation of colleges; and statutory regulatory authorities.  The tribunals shall include judicial, academic and administrative members.  The Bill bars the jurisdiction of civil courts over any matters that the tribunals are empowered to hear.  It also seeks to penalise any person who does not comply with the orders of the tribunals. (See the analysis of PRS on the Educational Tribunals Bill).

The Bill was referred to the Standing Committee on Human Resource Development, which submitted its report on August 20, 2010.  Although the report expressed dissatisfaction with the lack of inputs from states and universities and made a number of recommendations on various provisions, the HRD Ministry rejected those suggestions.

Some of the key issues raised by the Standing Committee are as follows:

  • The Committee observed that no specific assessment about quantum of litigation has been carried out. It recommended that before setting up tribunals, the magnitude of cases and costs incurred in litigation should be assessed. A minimum court fee should be fixed to ensure viability of the tribunals.
  • The Committee pointed out that the status of existing tribunals is unclear. Also, since the number of educational institutions vary from state to state, the Committee felt that one educational tribunal per state cannot be made uniformly applicable.
  • The Committee stated that there is no clear rationale for fixing a minimum age limit of 55 years for members of the tribunals. It recommended that competent people with adequate knowledge and experience, irrespective of age, should be considered.
  • In case there is a vacancy in the chairperson’s post, other two members shall hear cases in the state educational tribunals. However, this leaves the possibility of cases being heard without a judicial member (since chairperson is the only judicial member). The Committee pointed out that a recent Supreme Court judgment states that every two-member bench of the tribunal should always have a judicial member. Also, whenever any larger or special benches are constituted, the number of technical members should not exceed the judicial member. The Committee were of the view that certain provisions of the Bill violate the Supreme Court judgment and should be re-thought.
  • The Committee recommends that the term “unfair practice” should be defined in the Bill so that it is not open to interpretation by the courts.
  • The Selection Committee to recommend panel for national tribunal includes the Chief Justice of India and Secretaries, Higher Education, Law and Justice, Medical Education and Personnel and Training as members. The Committee recommended that there should be adequate representation of the academia in the Selection Committee.
  • The Committee proposed that the government needs to identify the lacunae of the existing tribunal systems and ensure that orders of the tribunals have some force.

Disruptions in Parliament

March 9th, 2010 4 comments

Indiscipline and disruptions in Parliament are much talked about issues.  Not only are disruptions a waste of Parliament’s valuable time, these significantly taint the image of this esteemed institution.  Commotion in Rajya Sabha over the introduction of Women’s Reservation Bill and the subsequent suspension of 7 MPs has brought this issue back to the forefront.  We thought it might be useful to research and highlight instances in the past when the House had had to deal with similar situations.

According to the Rules of Conduct and Parliamentary Etiquette of the Rajya Sabha, The House has the right to punish its members for their misconduct whether in the House or outside it.  In cases of misconduct or contempt committed by its members, the House can impose a punishment in the form of admonition, reprimand, withdrawal from the House, suspension from the service of the House, imprisonment and expulsion from the House.”

Mild offences are punished by admonition or reprimand (reprimand being the more serious of the two).  Withdrawal from the House is demanded in the case of gross misconduct. ‘Persistent and wilful obstructions’ lead the Chairman to name and subsequently move a motion for suspension of the member.  A member can be suspended, at the maximum, for the remainder of the session only.

In an extreme case of misconduct, the House may expel a member from the House. According to a comment in the above rule book, The purpose of expulsion is not so much disciplinary as remedial, not so much to punish members as to rid the House of persons who are unfit for membership.”

There have been several instances in the past when the Parliament has exercised its right to punish members. We pulled together a few instances:

Rajya Sabha

Unruly behaviour – Some instances
3-Sep-62 Shri Godey Murahari was suspended for the remainder of the session on 3 Septemebr 1962. He was removed by the Marshal of the House
25-Jul-66 Shri Raj Narain and Shri Godey Murahari were suspended for one week by two separate motions moved on 25 July 1966, by the Leader of the House (Shri M.C. Chagla) and adopted by the House. After they refused to withdraw, they were removed by the Marshal of the House. Next day, the Chairman expressed his distress and leaders of parties expressed their regret at the incident
12-Aug-71 The Minister of Parliamentary Affairs (Shri Om Mehta) moved a motion on 12 August 1971, for the suspension of Shri Raj Narain for the remainder of the session. The motion was adopted. Shri Raj Narain, on refusing to withdraw, was removed by the Marshal of the House
Source: Rajya Sabha, Rules of Conduct and Parliamentary Etiquette
Expulsion – All instances (three in total)
15-Nov-76 Shri Subramanian Swamy was expelled on 15 November 1976 on the basis of the Report of the Committee appointed to investigate his conduct and activities. The Committee found his conduct derogatory to the dignity of the House and its members and inconsistent with the standards which the House expects from its members
23-Dec-05 Dr. Chhattrapal Singh Lodha was expelled on 23 December 2005, for his conduct being derogatory to the dignity of the House and inconsistent with the Code of Conduct, consequent on the adoption of a motion by the House agreeing with the recommendation contained in the Seventh Report of the Committee on Ethics
21-Mar-06 Dr. Swami Sakshi Ji Maharaj was expelled on 21 March 2006, for his gross misconduct which brought the House and its members into disrepute and contravened the Code of Conduct for members of Rajya Sabha, consequent on the adoption of a motion by the House agreeing with the recommendation of the Committee on Ethics contained in its Eighth Report
Source: Rajya Sabha, Rules of Conduct and Parliamentary Etiquette

Lok Sabha

Unruly behaviour – Some instances
15-Mar-89 Commotion in the House over the Thakkar Commission report (Report of Justice Thakkar Commission of Inquiry on the Assassination of the Late Prime Minister Smt. Indira Gandhi; revelations published in Indian Express before report tabled in Parliament) led to 63 MPs being suspended for a week. An opposition member belonging to the Janata Group (Syed Shahabuddin) who had not been suspended, submitted that he also be treated as suspended and walked out of the House. Three other members (GM Banatwalla, MS Gill and Shaminder Singh) also walked out in protest.
20-Jul-89 Demand for resignation of Govt. because of the adverse remarks made against it by the CAG in his report on Defence Services for the year 1988-89 saw commotion in the House. Satyagopal Misra dislodged microphone placed before the Chair and threw it in the pit of the House. (Sheila Dikshit was the Minister of State for Parliamentary Affairs). No member was suspended.
Source: Subhash Kashyap, Parliamentary Procedure (Second Edition)