Second Administrative Reforms Commission Fourth Report Ethics in Governance
| Published date | 01 July 2013 |
| DOI | 10.1177/0019556120130328 |
| Date | 01 July 2013 |
| Subject Matter | Article |
Document
SECOND ADMINISTRATIVE REFORMS
COMMISSION
FOURTH REPORT
ETHICS IN GOVERNANCE
I.
(2.1.3.1.6) Reform
of
Political Funding
a.
A system for partial state funding should be introduced in order to reduce
the scope
of
illegitimate and unnecessary funding
of
expenditure for
elections.
2. (2.1.3.2.4) Tightening
of
Anti-Defection Law
a.
The issue
of
disqualification
of
members on grounds
of
defection should
be decided by the President/Governor on the advice
of
the Election
Commission.
3. (2.1.3.3.2) Disqualification
a.
Section 8
of
the Representation
of
the People Act, 1951 needs to be
amended to disqualify all persons facing charges related to grave and
heinous offences and corruption, with the modification suggested by the
Election Commission.
4. (2.1.4.3) Coalition and Ethics
a.
The Constitution should be amended to ensure that
if
one or more parties
in a coalition with a common programme mandated by the electorate either
explicitly before the elections or implicitly while forming the government,
realign midstream with one or more parties outside the coalition, then
Members
of
that party or parties shall have to seek a fresh mandate from
the electorate.
5.
(2.1.5.4) Appointment
of
the Chief Election Commissioner/Commissioners
a.
A collegium headed by the Prime Minister with the Speaker
of
the i,ok
Sabha, the Leader
of
Opposition in the Lok Sabha, the Law Minister and
the Deputy Chairman
of
the Raj ya Sabha as members; should make Ethics
in Governance Summary
of
Recommendations recommendations for the
consideration
of
the President for appointment
of
the Chief Election
Commissioner and the Election Commissioners.
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6.
(2.1.6.3) Expediting Disposal
of
Election Petitions
a.
Special Election Tribunals should be constituted at the regional level under
Article 323B
of
the Constitution to ensure speedy disposal
of
election
petitions and disputes within a stipulated period
of
six months. Each
Tribunal should comprise a High Court Judge and a senior civil servant
with at least 5 years
of
experience in the conduct
of
elections (not below
the rank
of
an Additional Secretary to Government
of
India/Principal
secretary
of
a State Government). Its mandate should be to ensure that all
election petitions are decided within a period
of
six months as provided
by law. The Tribunals should normally be set up for a term
of
one year
only, extendable for a period
of
6 months in exceptional circumstances.
7.
(2.1.7.3) Grounds
of
Disqualification for Membership
a.
Appropriate legislation may be enacted under Article 102(e)
of
the
Constitution spelling out the conditions for disqualification
of
Membership
of
Parliament in an exhaustive manner. Similarly, the States may also
legislate under Article 198(e).
8. (2.4.5) Ethical Framework for Ministers
*a. In addition to the existing Code
of
Conduct for Ministers, there should be
a Code
of
Ethics to provide guidance on how Ministers should uphold the
highest standards
of
constitutional and ethical conduct in the performance
of
their duties.
*b. Dedicated units should be set up in the offices
of
the Prime Minister and
the Chief Ministers to monitor the observance
of
the Code
of
Ethics and
the Code
of
Conduct. The unit should also be empowered to receive public
complaints regarding violation
of
the Code
of
Conduct.
*c. The Prime Minister or the Chief Minister should be duty bound to ensure
the observance
of
the Code
of
Ethics and the Code
of
Conduct by Ministers.
This would be applicable even in the case
of
coalition governments where the
Ministers may belong to different parties.
*d. An annual report with regard to the observance
of
these Codes should be
submitted to the appropriate legislature. This report should include specific
cases
of
violations,
if
any, and the action taken thereon.
*e. The Code
of
Ethics should inter alia include broad principles
of
the
Minister-civil servant relationship and the Code
of
Conduct should
stipulate the details as illustrated in para 2.4.3.
*f. The Code
of
Ethics, the Code
of
Conduct and the annual report should be
put in the public domain.
9.
(2.5.7.6) Enforcement
of
ethical norms in Legislatures
*a. An.Office
of
'Ethics Commissioner' may be constituted by each House
of
Parliament. This Office, functioning under the Speaker/Chairman, would
assist the Committee on Ethics in the discharge
of
its functions, and advise
Members, when required, and maintain necessary records.
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