Listed below are some key Bills pending in Parliament that are expected to address various aspects of corruption in India. These Bills need to be scrutinized carefully by both lawmakers and citizens alike, so as the strengthen them. Citizen groups can engage in a variety of ways to get their views heard, which have been described in the primer on Engaging with Policy Makers. Some of these anti-corruption Bills are listed in the current Winter Session for consideration and passing. These are marked in red below. (The full list of all Bills being considered in the Winter Session can be accessed here.) Each Bill below has been hyperlinked to a page which has the text of the Bill, the report of the Standing Committee, PRS analysis, and other relevant documents, all in one place. Spreading this message to a number of interested people will be a very useful contribution by all those interested in building greater engagement of people with what happens in Parliament.  

Bill

Date of introduction

Status

Brief description

The Lokpal and Lokayuktas Bill, 2011 (Listed for passing) December 22, 2011 Passed by Lok Sabha on 27 Dec 2011. Report of Rajya Sabha Select Committee submitted on November 23, 2012. It seeks to establish the office of the Lok Pal at the centre and Lokayuktas in states for inquiring into complaints against certain public servants.The Bill once passed shall be applicable to states if they give their consent to its application.
The Whistle Blowers Protection Bill, 2011 (Listed for passing) August 26, 2010 Passed by Lok Sabha on December 27, 2011. Pending in Rajya Sabha It seeks to protect whistleblowers (person making a disclosure related to acts of corruption, misuse of power or criminal offence).Under the Bill any person including a public servant may make such a disclosure to the Central or State Vigilance Commission.The identity of the complainant shall not be disclosed.
The Benami Transactions (Prohibition) Bill, 2011 August 18, 2011 Standing Committee submitted its Report on June 26, 2012 The Bill prohibits all persons from entering into benami transactions (property transactions in the name of another person).Any benami property shall be confiscated by the central government.It seeks to replace the existing Benami Transactions (Prohibition) Act, 1988.
The Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations Bill, 2011 (Listed for passing) March 25, 2011 Standing Committee  submitted its Report on March 29, 2012 Indiais a signatory to the UN Convention against corruption. The Bill is necessary for India to ratify the Convention.The Bill makes it an offence to accept or offer a bribe to foreign public officials and officials of public international organizations in order to obtain or retain international business
The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 December 20, 2011 Standing Committee submitted its Report on August 28, 2012 It requires every public authority to publish a citizen charter within six months of commencement of the Act.The charter should detail the goods and services to be provided and the timeline for their delivery.
The Electronic Delivery of Services Bill, 2011 December 27, 2011 Standing Committee submitted its Report on August 30, 2012 The Bill requires all public authorities to deliver all public services electronically within a maximum period of eight years.There are two exceptions to this requirement: (a) service which cannot be delivered electronically; and (b) services that the public authorities in consultation with the respective Central and State EDS Commissions decide not to deliver electronically.
The Prevention of Money-Laundering (Amendment) Bill, 2011 (Listed for passing) December 27, 2011 Standing Committee submitted its Report on May 9, 2012 The Bill Amends the Prevention of Money Laundering Act, 2002.This Bill widens the definition of offences under money laundering to include activities like concealment, acquisition, possession and use of proceeds of crime.It provides for the provisional attachment and confiscation of property (for a maximum period of 180 days).
The National Identification Authority of India Bill, 2010 December 3, 2010 Standing Committee  submitted its Report on December 13,  2011 The Bill seeks to establish the National Identification Authority of India to issue unique identification numbers (called ‘Aadhaar’) to residents ofIndia.Every person residing inIndia(regardless of citizenship) is entitled to obtain an Aadhaar number after furnishing the required information.The number shall serve as an identity proof.  But not as a citizenship proof.
The Judicial Standards and Accountability Bill, 2010 December 1, 2010 Passed by Lok Sabha on March 29, 2012; Pending in Rajya Sabha It replaces the Judges (Inquiry) Act, 1968.  It provides for enforceable standards for the conduct of High Court and Supreme Court judges.The Bill requires judges and their spouses and children to declare their assets and liabilities.  It also establishes a process for the removal of judges of Supreme Court and High Court
The Public Procurement Bill, 2012 May 14, 2012 Standing Committee Report pending The Bill seeks to regulate and ensure transparency in the procurement process.  It applies to procurement processes above Rs 50 lakh.The procuring entity shall adhere to certain standards such as (a) ensuring efficiency and economy; and (b) provide fair and equitable treatment to bidders.

Sources: Respective Bills, PRS Legislative Research    

Recently, the Standing Committee on Health and Family Welfare submitted its report to the Parliament on the National Commission for Human Resource for Health Bill, 2011.  The objective of the Bill is to “ensure adequate availability of human resources in the health sector in all states”.  It seeks to set up the National Commission for Human Resources for Health (NCHRH), National Board for Health Education (NBHE), and the National Evaluation and Assessment Council (NEAC) in order to determine and regulate standards of health education in the country.  It separates regulation of the education sector from that of professions such as law, medicine and nursing, and establishes professional councils at the national and state levels to regulate the professions. See here for PRS Bill Summary. The Standing Committee recommended that this Bill be withdrawn and a revised Bill be introduced in Parliament after consulting stakeholders.  It felt that concerns of the professional councils such as the Medical Council of India and the Dental Council of India were not adequately addressed.  Also, it noted that the powers and functions of the NCHRH and the National Commission on Higher Education and Research (to be established under the Higher Education and Research Bill, 2011 to regulate the higher education sector in the country) were overlapping in many areas.  Finally, it also expressed concern over the acute shortage of qualified health workers in the country as well as variations among states and rural and urban areas.  As per the 2001 Census, the estimated density of all health workers (qualified and unqualified) is about 20% less than the World Health Organisation’s norm of 2.5 health workers per 1000 population. See here for PRS Standing Committee Summary. Shortfall of health workers in rural areas Public health care in rural areas is provided through a multi-tier network.  At the lowest level, there are sub health-centres for every population of 5,000 in the plains and 3,000 in hilly areas.  The next level consists of Primary Health Centres (PHCs) for every population of 30,000 in the plains and 20,000 in the hills.  Generally, each PHC caters to a cluster of Gram Panchayats.  PHCs are required to have one medical officer and 14 other staff, including one Auxiliary Nurse Midwife (ANM).  There are Community Health Centres (CHCs) for every population of 1,20,000 in the plains and 80,000 in hilly areas.  These sub health centres, PHCs and CHCs are linked to district hospitals.  As on March 2011, there are 14,8124 sub health centres, 23,887 PHCs and 4809 CHCs in the country.[i]  Sub-Health Centres and Primary Health Centres

  • § Among the states, Chhattisgarh has the highest vacancy of doctors at 71%, followed byWest Bengal(44%),Maharashtra(37%), and Uttar Pradesh (36%). On the other hand, Rajasthan (0.4%), Andhra Pradesh (3%) and Kerala (7%) have the lowest vacancies in PHCs.
  • § Nine states do not have any doctor vacancies at all at the PHC level. These states includeBihar, Jharkhand andPunjab.
  • § Ten states have vacancy in case of ANMs.  These are: Manipur, Uttar Pradesh, Chhattisgarh,Gujarat,Goa, Himachal Pradesh, Tamil Nadu, Haryana, Kerala and Andhra Pradesh.
  • § The overall vacancy for ANMs in the country is 5% while for doctors it is 24%.

Table 1: State-wise comparison of vacancy in PHCs

 

Doctors at PHCs

ANM at PHCs and Sub-Centres

State Sanctioned post Vacancy % of vacancy Sanctioned post Vacancy % of vacancy
 Chhattisgarh 1482 1058 71 6394 964 15
 West Bengal 1807 801 44 10,356 NA 0
 Maharashtra 3618 1326 37 21,122 0 0
 Uttar Pradesh 4509 1648 36 25,190 2726 11
 Mizoram 57 20 35 388 0 0
 Madhya Pradesh 1238 424 34 11,904 0 0
 Gujarat 1123 345 31 7248 817 11
 Andaman & Nicobar Isld 40 12 30 214 0 0
 Odisha 725 200 28 7442 0 0
 Tamil Nadu 2326 622 27 9910 136 1
 Himachal Pradesh 582 131 22 2213 528 24
 Uttarakhand 299 65 22 2077 0 0
 Manipur 240 48 20 984 323 33
 Haryana 651 121 19 5420 386 7
 Sikkim 48 9 19 219 0 0
 Meghalaya 127 23 18 667 0 0
 Delhi 22 3 14 43 0 0
 Goa 46 5 11 260 20 8
 Karnataka 2310 221 10 11,180 0 0
 Kerala 1204 82 7 4232 59 1
 Andhra Pradesh 2424 76 3 24,523 2876 12
 Rajasthan 1478 6 0.4 14,348 0 0
 Arunachal Pradesh  NA  NA NA NA NA 0
 Assam  NA  NA NA NA NA 0
 Bihar 2078  0 NA NA NA 0
 Chandigarh 0 0 NA 17 0 0
 Dadra & Nagar Haveli 6 0 NA 40 0 0
 Daman & Diu 3  0 NA 26 0 0
 Jammu & Kashmir 750  0 NA 2282 0 0
 Jharkhand 330  0 NA 4288 0 0
 Lakshadweep 4  0 NA NA NA 0
 Nagaland  NA  NA NA NA NA 0
 Puducherry 37 0 NA 72 0 0
 Punjab 487 0 NA 4044 0 0
 Tripura  NA  NA NA NA NA 0
 India 30,051 7,246 24 1,77,103 8,835 5
Sources: National Rural Health Mission (available here), PRS.Note: The data for all states is as of March 2011 except for some states where data is as of 2010.  For doctors, these states are Bihar, UP, Mizoram and Delhi.  For ANMs, these states are Odisha and Uttar Pradesh.

 

Community Health Centres

  • § A CHC is required to be manned by four medical specialists (surgeon, physician, gynaecologist and paediatrician) and 21 paramedical and other staff.
  • § As of March 2011, overall there is a 39% vacancy of medical specialists in CHCs.  Out of the sanctioned posts, 56% of surgeons, 47% of gynaecologists, 59% of physicians and 49% of paediatricians were vacant.
  • States such as Chhattisgarh, Manipur and Haryana have a high rate of vacancies at the CHC level.

Table 2: Vacancies in CHCs of medical specialists

  Surgeons Gynaecologists Physicians Paediatricians
State

% of vacancy

 Andaman & NicobarIsland 100 100 100 100
 Andhra Pradesh 74 0 45 3
 Arunachal Pradesh NA NA NA NA
 Assam NA NA NA NA
 Bihar 41 44 60 38
 Chandigarh 50 40 50 100
 Chhattisgarh 85 85 90 84
 Dadra & Nagar Haveli 0 0 0 0
 Daman & Diu 0 100 0 100
 Delhi 0 0 0 0
 Goa 20 20 67 66
 Gujarat 77 73 0 91
 Haryana 71 80 94 85
 Himachal Pradesh NA NA NA NA
 Jammu & Kashmir 34 34 53 63
 Jharkhand 45 0 81 61
 Karnataka 33 NA NA NA
 Kerala NA NA NA NA
 Lakshadweep 0 0 100 0
 Madhya Pradesh 78 69 76 58
 Maharashtra 21 0 34 0
 Manipur 100 94 94 87
 Meghalaya 50 NA 100 50
 Mizoram NA NA NA NA
 Nagaland NA NA NA NA
 Odisha 44 45 62 41
 Puducherry 0 0 100 NA
 Punjab 16 36 40 48
 Rajasthan 57% 46 49 24
 Sikkim NA NA NA NA
 Tamil Nadu 0 0 0 0
 Tripura NA NA NA NA
 Uttar Pradesh NA NA NA NA
 Uttarakhand 69 63 74 40
 West Bengal 0 57 0 78
 India 56 47 59 49
Sources: National Rural Health Mission (available here), PRS.

[i].  “Rural Healthcare System in India”, National Rural Health Mission (available here).