Duties of Members of Parliament

28th March 2014

Manasi Tatke

GreenEarth Social Development Consulting Pvt. Ltd. [email protected]

(Prepared as an input for the Governance Blueprint)

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MPs and Parliamentarians

Quotes: "The skill of a great leader lies in narrowing the numbers of those whom he angers and the duration of their anger. But anger them he must (and) risk his popularity with them…Mahatma Gandhi (did this). Ram Manohar Lohia1

'I was never a bird on the unpinioned wing,” Winston Churchill once told the young Jonathan Aitken. “You see, my boy, when I got up to speak, I always knew precisely where every noun and adjective would go and how every piece of punctuation would bed into my speech.” Winston Churchill:2

Roles of MPs and Parliamentarians is not sufficiently addressed – in fact the question seems to be missing from academic research too. Not much literature is found on the characteristics of a good MP.

Duties of MPs On February 2, 2009, an RTI application was filed by activist Dev Ashish Bhattacharya with the Election Commission seeking details of duties, responsibilities and accountability of MPs and MLAs. The commission replied that it was "not concerned with information sought" and it had no such information. On an appeal, the commission's appellate authority ruled that the query should have been transferred to the ministry of parliamentary affairs and ministry of law and justice. secretariat said on June 3, 2009 that there was "no provision either in the Constitution or the Rules of Procedure and Conduct of Business in Lok Sabha defining duties and responsibilities of members of Parliament or through which the accountability can be fixed on non‐performing MPs". A series of RTI queries filed with the central government and state assemblies show that there are no duties and responsibilities for elected representatives of the people.3

A detailed Code of Conduct of for UK’s MPs clearly states the duties of the parliamentarians.4

Duties of Members

4. By virtue of the oath, or affirmation, of allegiance taken by all Members when they are elected to the House, Members have a duty to be faithful and bear true allegiance to Her Majesty the Queen, her heirs and successors, according to law.

5. Members have a duty to uphold the law, including the general law against discrimination.

1 http://indiatoday.intoday.in/story/The+provocateur/1/6920.html 2 http://www.telegraph.co.uk/news/politics/3259953/Where‐have‐all‐the‐parliamentary‐orators‐ gone.html 3 http://timesofindia.indiatimes.com/india/MPs‐MLAs‐have‐no‐duties‐and responsibilities/articleshow/7985796.cms 4 http://www.publications.parliament.uk/pa/cm201012/cmcode/1885/188502.htm#a1 Page 2 of 14

6. Members have a general duty to act in the interests of the nation as a whole; and a special duty to their constituents.

7. Members should act on all occasions in accordance with the public trust placed in them. They should always behave with probity and integrity, including in their use of public resources.

IV. General Principles of Conduct

8. In carrying out their parliamentary and public duties, Members will be expected to observe the following general principles of conduct identified by the Committee on Standards in Public Life in its First Report as applying to holders of public office.[1] These principles will be taken into account when considering the investigation and determination of any allegations of breaches of the rules of conduct in Part V of the Code.

"Selflessness

Holders of public office should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family, or their friends.

Integrity

Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might influence them in the performance of their official duties.

Objectivity

In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.

Accountability

Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.

Openness

Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.

Honesty

Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.

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Leadership

Holders of public office should promote and support these principles by leadership and example."

V. Rules of Conduct

9. Members are expected to observe the following rules and associated Resolutions of the House.

10. Members shall base their conduct on a consideration of the public interest, avoid conflict between personal interest and the public interest and resolve any conflict between the two, at once, and in favour of the public interest.

11. No Member shall act as a paid advocate in any proceeding of the House.

12. The acceptance by a Member of a bribe to influence his or her conduct as a Member, including any fee, compensation or reward in connection with the promotion of, or opposition to, any Bill, Motion, or other matter submitted, or intended to be submitted to the House, or to any Committee of the House, is contrary to the law of Parliament.

13. Members shall fulfil conscientiously the requirements of the House in respect of the registration of interests in the Register of Members' Financial Interests. They shall always be open and frank in drawing attention to any relevant interest in any proceeding of the House or its Committees, and in any communications with Ministers, Members, public officials or public office holders.

14. Information which Members receive in confidence in the course of their parliamentary duties should be used only in connection with those duties. Such information must never be used for the purpose of financial gain.

15. Members are personally responsible and accountable for ensuring that their use of any expenses, allowances, facilities and services provided from the public purse is in accordance with the rules laid down on these matters. Members shall ensure that their use of public resources is always in support of their parliamentary duties. It should not confer any undue personal or financial benefit on themselves or anyone else, or confer undue advantage on a political organisation.

16. Members shall never undertake any action which would cause significant damage to the reputation and integrity of the House of Commons as a whole, or of its Members generally.

17. The Commissioner may not investigate a specific matter under paragraph 16 which relates only to the conduct of a Member in their private and personal lives.

According to the Parliament of Canada, 5

5 http://www.parl.gc.ca/content/lop/researchpublications/prb0204‐e.htm Page 4 of 14

The central principles of parliamentary government, shared by systems based on the Westminster model, are reflected in formulations of the role of Parliament and its members developed by John Stuart Mill and Walter Bagehot in the nineteenth century. They portray a sovereign representative assembly performing three central tasks:

(1) to consider, refine and pass legislation;

(2) to hold government accountable for its administration of the laws and authorize the expenditure of the required funds; and

(3) to determine the life of the Government through exercising the ability to provide or withhold support.

In , such a detailed system of code of conduct is sorely lacking.

What do MPs do?6 Former Labour member of Britain's House of Commons poses it in a collection of writing, Doing Politics, what are MPs for? Wright's question is posed amidst his larger ambition to present a defence of politics and politicians in these times when their absolutely pivotal role in underwriting basic liberties in a democracy is so glibly discounted. He notes that breaking down the job description of an MP to its bare essentials — of seeing to one's constituents, voting in divisions, and serving on committees — does not quite capture the nature of the task. Neither, he adds, does a more thorough list of the functions an MP performs tabulated by a Commons committee: such as supporting her party in Parliament, in government or in opposition; representing constituents individually and as a constituency; holding the government to account by scrutinizing its functioning, challenging it and nudging it in certain direction; initiating, scrutinizing and giving final shape to legislation; shaping policy, on the floor of the House and in committees, and explaining her party's position to the public.

What these objectively tabulated criteria miss is practically every MP's constant activity in "campaigning to get re‐elected", in individual and party terms. The terms of this activity are more difficult to determine or, indeed, to appraise, but this is the KRA that matters to most: "What MPs have in common is that they are members of a professional political class, paid for out of public funds to sustain the national and local political battle."

Within the legislature, moreover, MPs can be divided into the "when" people and the "why" people. The "when" people, says Wright, are focused on moving up, into office, nearer the front benches in allotment of seats in the House, into key parliamentary committees. This ambition is essential to a healthy House, because in a parliamentary system MPs are indispensable for "providing the rather shallow pool of people from who governments have to be chosen".

6 http://archive.indianexpress.com/news/what‐do‐mps‐do‐/1048690/0

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The "why" people, on the other hand, see their parliamentary task as demanding answers of the executive on the reasons behind their actions and policies. Together, the two types denote the essential balance that nourishes a healthy democracy — between "those who think that politics is about the exercise of power and those who think that politics is about the control of the exercise of power".

For those of us watching from the outside, this is a useful reminder to understand the inherently, and beneficially, political nature of all engagement in Parliament and to therefore resist the inclination to seek Parliament as an isolation chamber sanitised of MPs' political agendas.

Characteristics of Trustworthy Political Leaders7 A good leader is a self actualized leader. Self actualization is the highest form of human growth, someone who is self actualized is a fully functioning human being. In the past, Te characteristics below are unwaveringly related to a good leader. It is worth to pay attention to these and take them into consideration when we're making a choice as to whom we chose as a leader. A good leader:

Is fair and objective. A good political leader does not take what is similar to his views as facts and base his decisions on that. He uses reliable and unfiltered information to make judgments and to come up with resolutions. In other words, he stands above his own believes to observe events objectively while the general public fails to do so. In addition, he does not suffer from a self serving bias.

Is moving above himself and serving the society. A good leader stands above any specific religious or political views of his own and is independent of any attachment to a specific agenda. His personal beliefs become his private matters and he learns to leave them out the door once he steps into a leadership role. In other words, his belief expands so that it includes everyone's beliefs.

Is not seeking fame and attention: A good leader has been able to move above and beyond any egoistic and primitive need for power, attention, or establishing his personal agendas and works with the intention of good‐for‐all.

Is not into hiding the truth for the sake of looking good. A good leader says it as it is even if it feels uncomfortable for many to hear it. He is not a people pleaser in a sense that he would say anything to please others even if that means manipulating or misguiding the public. It takes a lot of courage to do this and a good leader has that courage.

7 http://www.huffingtonpost.com/roya‐r‐rad‐ma‐psyd/characteristics‐of‐trustw_b_927982.html

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Is focused on specific, achievable, and measurable goals and demands outcomes. A good leader is focused and does not get distracted. His goals, whether small or large, are reasonable and achievable and are directed towards the long term results not quick and temporary fixes that may backfire.

Encourages people to be accountable for their actions. A good leader helps people understand that they are accountable for their society and its outcome and teaches them to make compromises and responsible choices. He does not support a sense of self‐serving entitlement that has gone too far and is counter‐productive for the society as a whole.

Does not pay attention to being politically correct but ethically so. A good leader understands that in order for the whole society to be a functional and healthy one, some adjustments need to be made and people need to learn to give some in order to gain some.

Does not make idealistic promises but realistic ones. A good leader makes a sustainable promise and is a man of his words.

Is honest even if it does not get approval. People know where they are standing with an authentic leader. He does not hide bad news just because it is uncomfortable to the public's ear.

Thinks globally and acts locally. He realizes that in order for us to live in prosperity as a powerful and blessed country, reasonable steps need to be taken to make sure others achieve the same goals. He is aware that with power comes responsibility and that now more than ever, through technology, we are becoming more and more inner related, globally.

Takes personal responsibility. A good leader is secure enough with himself to take personal responsibility when one is needed. In other words, a good political leader has an internal locus of control while he is aware of the effects of the external forces.

Remains level headed and has a sense of humor. A good political leader has a healthy emotional IQ and has learned to move above his emotions, conditionings, and his fixations to specific outcomes to think logically and globally. In other words, he is rational and in control of his emotions and when the public is going through the emotional roller coaster, he is there to guide them through it.

Has a curious mind. A good leader is thirsty for factual, expert oriented and unbiased knowledge all the time and on all levels.

Does not make himself look good by assaulting others. A leader that can be trusted does not take others down for himself to go up. He is more of a collaborator than a competitor. He tries

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to build bridges rather than destroy them. He is a natural mediator rather than one that creates conflict, tension, and separation. It is important to know that there is really no evidence indicating leaders are innately born. While some people have more of a predisposed personality for it but all people can become a great leader with enough determination, self reflection, open mindedness, experience and knowledge.

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Top MPs in the 5th session of the Lok Sabha8

Anandrao Vithoba Adsul, winner of the Sansad Ratna award for raising the highest number of questions in Parliament. This is the fifth consecutive year he has won the award. is a four‐time MP from Amravati in the Lok Sabha. Born in Satara, he was elected thrice as an MP from Buldhana in . He will be awarded the Sansad Ratna award for the fifth consecutive year for raising the highest number of questions ‐‐ 1,216 ‐‐ in Parliament in 2013 and for clocking 75 per cent attendance. He had raised 1055 questions till the end of last sitting in March 2013 with a total participation tally of 1091 for debates, questions and private member bills. Mr. Adsul was the topper in raising questions even in the , when he raised 1255 questions with a total participation tally of 1290.

8 http://www.rediff.com/news/slide‐show/slide‐show‐1BJP‐india‐independence‐day‐special‐anandrao‐ vithoba‐adsul‐/20140123.htm http://www.prsindia.org/media/articles‐citing‐prs/sansad‐ratna‐award‐for‐six‐mps‐2716/

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MPs who introduced private member bills. 9

Top 10‐India

Name State Constituency Party Private Member Bills Maharashtr BJP 31 a Jai Prakash Agarwal Delhi N.E. Delhi INC 23 Rajasthan Bikaner BJP 20 Adhir Ranjan Chowdhury West Bengal Baharampur INC 18

Mahendrasinh Gujarat Sabarkantha BJP 18 Pruthvisinh Chauhan Baijayant Jay Panda Orissa Kendrapara BIJU 12 JANATA DAL Rajagopal Lagadapati Andhra Vijayawada INC 12 Pradesh P.L. Punia Uttar Barabanki INC 11 Pradesh A.T. Nana Patil Mahrashtra Jalgaon BJP 10

Bhola Singh Nawada BJP 10

Top 10‐Maharashtra

Name State Constituency Party Private Member Bills Hansraj Gangaram Ahir Maharashtra Chandrapur BJP 31 A.T. Nana Patil Mahrashtra Jalgaon BJP 10 Wakchaure Bhausaheb Maharashtra Shirdi SS 7 Rajaram Chandrakant Bhaurao Khaire Maharashtra Aurangabad SS 5 Maharashtra Baramati NCP 5 Anandrao Adsul Maharashtra Amravati SS 3 Priya Sunil Dutt Maharashtra ‐ INC 3 North‐ Central Sanjeev Ganesh Naik Maharashtra NCP 2 Anant Gangaram Geete Maharashtra Raigad SS 1 Haribhau Madhav Jawale Maharashtra Raver BJP 1

9 http://www.prsindia.org/mptrack/loksabha/list?filter=memberbill Page 10 of 14

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MPs who ask more questions

Top 10‐India

Name State Constituency Party Questions Asked Anandrao Adsul Maharashtra AmravatiShiv Sena SS 1266

Gajanan Babar Maharashtra Maval SS 1176

Asaduddin Owaisi Andhra Pradesh Hyderabad All India 1129 Majlis‐E‐ Ittehadul Muslimmen Pradeep Kumar Majhi Orissa Nabarangpur INC 1101 Shivaji Adhalrao Patil Maharashtra AmravatiShirur Shiv Sena SS 1082

S.S. Ramasubbu Tamil Nadu Tirunelveli INC 1063

Eknath Mahadeo Maharashtra Mumbai‐South‐ INC 1020 Gaikwad Central Hansraj Gangaram Maharashtra Chandrapur BJP 1005 Ahir Dharmendra Yadav Uttar Pradesh Badaun Samajwadi Party973

Prabhakar Ponnam Andhra Pradesh Karimnagar INC 935

Top 10‐Maharashtra

Name State Constituency Party Questions Asked Anandrao Adsul Maharashtra AmravatiShiv Sena SS 1266

Gajanan Babar Maharashtra Maval Shiv Sena SS 1176

Shivaji Adhalrao Patil Maharashtra AmravatiShirur Shiv Sena SS 1082

Eknath Mahadeo Maharashtra Mumbai‐South‐ INC 1020 Gaikwad Central Hansraj Gangaram Ahir Maharashtra Chandrapur BJP 1005 Khatgaonkar Patil Maharashtra Nanded INC 859 Bhaskarrao Bapurao Anand Prakash Paranjpe Maharashtra Kalyan SS 820 Harischandra Deoram Maharashtra Dindori BJP 791 Chavan Wakchaure Bhausaheb Maharashtra Shirdi SS 780 Rajaram Sanjeev Ganesh Naik Maharashtra Thane NCP 756

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MPs who participate regularly in debates10 Top 10‐India

Name State Constituency Party Debates Arjun Ram Rajasthan Bikaner BJP 430 Meghwal Shailendra Kumar UP Kaushambi Samajwa 353 di Party P.L. Punia UP Barabanki INC 289 Bhartruhari Orissa Cuttack Biju Janata234 Dal Mahtab Virendra Kumar MP Tikamgarh BJP 200 Jagdambika Pal UP Domariyaganj INC 191

Raghuvansh Prasad Bihar Vaishali Rashtriya Janata179 Dal Singh Mahendrasinh Gujarat Sabarkantha BJP 174 Pruthvisinh Chauhan Rajendra Agrawal UP Meerut BJP 172

S.S. Ramasubbu Tamil Nadu Tirunelveli INC 171

Top 10‐Maharashtra

Name State Constituency Party Debates Hansraj Gangaram Maharashtra Chandrapur BJP 114 Ahir Sanjeev Ganesh Maharashtra Thane NCP 76 Naik A.T. Nana Patil Maharashtra Jalgaon BJP 69 Datta Raghobaji Maharashtra Wardha INC 59 Meghe Maharashtra Mumnai INC 57 North Anant Gangaram Maharashtra Raigad SS 55 Geete Haribhau Madhav Maharashtra Raver BJP 53 Jawale Awale Jaywant Maharashtra Latur INC 51 Gangaram Chandrakant Maharashtra Aurangbad SS 48 Bhaurao Khaire Dilip Kumar Maharashtra Ahmadnager BJP 48 Mansukhlal Gandhi

10 http://www.prsindia.org/mptrack/loksabha/list?filter=debate Page 13 of 14

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