SC judgment on lawmakers' assets discussed for further action
New Delhi: The Supreme Court judgment regarding creation of a permanent institutional mechanism to monitor the assets and sources of income of legislators and their associates was discussed here on Monday for further action.
Senior officials of the secretariats of both the Houses of Parliament, the central government, Election Commission of India and about 20 state legislatures attended the meeting held in the Parliament House to discuss various aspects of implementation of the same.
The apex court in its judgment of February 16, 2018 in the Lok Prahari Vs Union of India Writ Petition case of 2015 directed 'creation of a permanent institutional mechanism to continuously monitor the assets and sources of the income of the legislators and their associates which include spouses and dependents and take appropriate action in case of disproportionate increase in their assets during the tenure of the membership, including disqualification from membership of the legislatures'.
During the discussion, it was stated by the participants that though there are rules in different legislatures requiring the members to declare their assets and liabilities soon after their election, there is no provision to ensure compliance of the same. Besides, there is no provision requiring such periodic declaration thereafter. Also, there is no provision under any Act of Parliament or Rules of respective legislatures to disqualify members from the Legislatures on account of acquisition of disproportionate assets.
The participants felt that the implementation of the direction of the apex court may require necessary amendment in the Representation of the People Act, 1951 making such disproportionate acquisition of assets a ground for disqualification from the membership of the Legislatures. It was also pointed out that this Act is applicable only to the elected MPs in respect of requiring disclosure of assets and liabilities under Section 75 A of the Act. Invoking Sub-section 2 of this Section, the Chairman of Rajya Sabha and Speaker of Lok Sabha have issued the 'Members of Rajya Sabha/Lok Sabha (Declaration of Assets and Liabilities) Rules,2004'. Under these Rules, MPs need to make such declarations within 90 days of their election to Parliament.
The Supreme Court further observed that disproportionate increase in the assets of Legislators and their associates could be interpreted to mean 'undue influence' within the meaning of the 'corrupt practice' as defined under Section 123 of the Representation of the People Act, 1951.
The Court also directed that information about such disproportionate assets should be placed in the public domain to enable the people to take informed decision, if such Legislators choose to contest any election in future.
