In the late 1960s and 70s, defections (elected legislators changing parties after the election) in Parliament and State Legislatures became very frequent, so frequent in fact, that the epithet "Aaya Ram Gaya Ram" was coined to describe the same. To curb this problem which created instability in our legislatures, Parliament amended the Constitution. They inserted the Tenth Schedule to the Constitution "to curb the evil of political defections". As a result, we currently have an anti-defection law with the following features: 1. If an MP/MLA who belongs to a political party voluntarily resigns from his party or, disobeys the party "whip" (a direction given by the party to all MPs/ MLAs to vote in a certain manner), he is disqualified. The party may however condone the MP/ MLA within 15 days. 2. An independent MP/ MLA cannot join a political party after the election. 3. An MP/ MLA who is nominated (to the Rajya Sabha or upper houses in state legislatures) can only join a party within 6 months of his election. 4. Mergers of well-defined groups of individuals or political parties are exempted from disqualification if certain conditions are met. 5. The decision to disqualify is taken by the Speaker/ Chairman of the House. The table below summarizes provisions of anti-defection law in some other countries. (For more, click here). As one may note, a number of developed countries do not have any law to regulate defection.
Regulation of defection in some countries |
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Country | Experi-ence | Law on defection | The Law on Defection |
Bangladesh | Yes | Yes | The Constitution says a member shall vacate his seat if he resigns from or votes against the directions given by his party. The dispute is referred by the Speaker to the Election Commission. |
Kenya | Yes | Yes | The Constitution states that a member who resigns from his party has to vacate his seat. The decision is by the Speaker, and the member may appeal to the High Court. |
Singapore | Yes | Yes | Constitution says a member must vacate his seat if he resigns, or is expelled from his party. Article 48 states that Parliament decides on any question relating to the disqualification of a member. |
South Africa | Yes | Yes | The Constitution provides that a member loses membership of the Parliament if he ceases to be a member of the party that nominated him. |
Australia | Yes | No | |
Canada | Yes | No | |
France | Yes | No | |
Germany | Yes | No | |
Malaysia | Yes | No | |
United Kingdom | Yes | No |
Budget Session 2017 commenced with the President, Pranab Mukherjee, addressing a joint sitting of Parliament on January 31, 2017. This address by the President highlights the legislative and policy activities and achievements of the government in the previous year. In addition, it gives a broad indication of the government’s agenda for the year ahead. The address is followed by a motion of thanks that is moved in each House by ruling party MPs. This is followed by a discussion on the address and concludes with the Prime Minister replying to the points raised during the discussion.
In the lower house, the motion of thanks has begun today. It began in the upper house on February 2, 2017. Lok Sabha and Rajya Sabha have allocated two and three days for the discussion, respectively. In this context, we present an analysis of the salient points of the agenda proposed in the President’s address from 2014 to 2017 and the current status of its implementation.
Policy priority stated in the President’s address (2014 to 2017) | Current Status |
Macroeconomy | |
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Poverty eradication and financial inclusion | |
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Agriculture and water security | |
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Energy | |
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Governance and legal reforms | |
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Defence | |
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Environment | |
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Rural and Urban Development | |
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Health | |
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Women and child development | |
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[Sources: President’s Address to the Parliament from 2014 to 2017; PRS.]
For important highlights from the President’s address in 2017, please see here. For an analysis of the status of implementation of the announcements made in the 2016 address, please see here.
[i] “Press note on First Revised Estimates of National Income, 2015-16”, Ministry of Statistics and Programme Implementation, January 31, 2017, http://mospi.nic.in/sites/default/files/press_release/nad_PR_31jan17.pdf.
[ii] Economic Survey, 2016-17, http://finmin.nic.in/indiabudget2017-2018/e_survey.asp.
[iii] “Press Release Consumer Price Index Numbers on Base 2012=100 for Rural, Urban and Combined for the Month of December 2016”, Ministry of Statistics and Programme Implementation, January 12, 2017,http://mospi.nic.in/sites/default/files/press_release/CPI_PR12jan17th.pdf
[iv] “Developments in India’s Balance of Payments during the second quarter of 2016-17”, Reserve Bank of India, December 13, 2016, https://www.rbi.org.in/scripts/BS_PressReleaseDisplay.aspx?prid=38884.
[v] “Developments in India’s Balance of Payments during the second quarter of 2016-17”, Reserve Bank of India, December 13, 2016, https://www.rbi.org.in/scripts/BS_PressReleaseDisplay.aspx?prid=38884.
[vi] Progress Report, Pradhan Mantri Jan Dhan Yojana (Last accessed on January 24, 2017),http://www.pmjdy.gov.in/account.
[vii] “Cabinet approves setting up of India Post Payments Bank”, Cabinet, June 1, 2016.
[viii] “Achievements of Ministry of Agriculture and Farmers Welfare”, Ministry of Agriculture, January 2, 2016.
[ix] “Agricultural Statistics at a Glance 2015”, Department of Agriculture, Cooperation and Farmer’s Welfare, Ministry of Agriculture and Farmer’s Welfare, http://eands.dacnet.nic.in/PDF/Agricultural_Statistics_At_Glance-2015.pdf.
[x] “Task Force on Interlinking Rivers Constituted”, Press Information Bureau, Ministry of Water Resources, April 14, 2015.
[xi] Special Committee for Interlinking of Rivers, National Water Development Agency,http://www.nwda.gov.in/writereaddata/ilr/notification.pdf.
[xii] Report No. 4, Standing Committee on Energy, ‘The Electricity (Amendment) Bill, 2014’, Lok Sabha, May 2015, Standing Committee on Energy, http://www.prsindia.org/uploads/media/Electricity/SC%20report-Electricity.pdf.
[xiii] “Physical Progress (Achievements)”, Ministry of New and Renewable Energy, March 30, 2015,http://mnre.gov.in/mission-and-vision-2/achievements/.
[xiv] Appropriation Acts (Repeal) Act, 2016, http://lawmin.nic.in/ld/Act22of2016AppropriationActsrepeal.pdf.
[xv] Repealing and Amending Act, 2016, http://lawmin.nic.in/ld/Act23of2016RepealingandAmending.pdf.
[xvi] 12(1)/2014/D (Pen/PoI)- Part II, Government of India, Ministry of Defence, Department of Ex- Servicemen Welfare, November 7, 2015, http://www.desw.gov.in/sites/upload_files/desw/files/pdf/OR OP-DESW-MOD.pdf.
[xvii] Lok Sabha Unstarred Question 1696, Ministry of Defence, November 25, 2016,http://164.100.47.190/loksabhaquestions/annex/10/AU1696.pdf.
[xviii] “Year End Review 2016”, Ministry of Defence, December 31, 2016,http://pib.nic.in/newsite/PrintRelease.aspx?relid=156049.
[xix] The Compensatory Afforestation Fund Act, 2016,http://www.prsindia.org/uploads/media/Compensatory%20Afforestation/CAMPA%20act,%202016.pdf.
[xx] Rajya Sabha Unstarred Question No 82, Ministry of Road Transport and Highways, April 25, 2016.
[xxi] Rajya Sabha Unstarred Question No 914, Department of Rural Development, May 2, 2016 ,http://164.100.47.234/question/annex/239/Au914.pdf.
[xxii] Lok Sabha Unstarred Question No 4443, Ministry of Housing and Urban Poverty Alleviation, December 14, 2016, http://164.100.47.190/loksabhaquestions/annex/10/AU4443.pdf.
[xxiii] Lok Sabha Unstarred Question No 199, Ministry of Urban Development, November 16, 2016,http://164.100.47.190/loksabhaquestions/annex/10/AU199.pdf.
[xxiv] “Rolling out of National Health Assurance Mission”, Press Information Bureau, Ministry of Health and Family Welfare, July 15, 2014.
[xxv] Draft National Health Policy 2015, December 2014, Ministry of Health and Family Welfare,http://www.mohfw.nic.in/showfile.php?lid=3014.
[xxvi] Pradhan Mantri Bharatiya Jan Aushadi Pariyojana guidelines,http://janaushadhi.gov.in/data/Individuals_December_2016.pdf.
[xxvii] The Juvenile Justice (Care and Protection of Children) Act, 2015,http://www.prsindia.org/uploads/media/Juvenile%20Justice/Juvenile%20Justice%20Act,%202015.pdf.