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This is an archive article published on April 24, 2003

Cabinet brings down curtains on defection, jumbo ministries

The Cabinet today approved a host of bills which will have an immediate impact on the political field but avoided raising foreign direct inv...

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The Cabinet today approved a host of bills which will have an immediate impact on the political field but avoided raising foreign direct investment (FDI) in various sectors.

An amendment approved today effectively ends defections — even if the dissidents have more than one-third of the total strength of the legislative party, they will be disqualified. Another amendment eliminates the incentive to crossover, a ministerial berth — the number of ministers will be 10 per cent of the total strength of the house/houses.

Parliamentary Affairs Minister Sushma Swaraj said the Anti-defection Law would be altered to delete Paragraph 3 of the Tenth Schedule which says there could be no disqualification of a member if the violation of the whip was by one-third of the parliamentary or legislature party.

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The amendment means any member of Parliament or legislative assembly who votes against the party whip will be disqualified, irrespective of the numbers. Swaraj said the government decided on bringing the amendment to check its ‘‘gross misuse’’ as defection was taking place in the garb of splits.

The Cabinet also decided to end the ritual of minority governments wooing required numbers by dangling ministerial berths for breakaway factions. It approved an amendment which restricts the size of the council of ministers to a maximum of 10 per cent of the total strength of house.

For smaller assemblies as in Sikkim, Mizoram and Goa which have less than 40 legislators, a maximum of seven ministers would be allowed.

Swaraj said the purpose of the proposed amendment was to prohibit by law the current practice of having jumbo ministries. The National Commission reviewing the working of the constitution had suggested the same, she added. Both the decisions would block any possible defections from the BJP in Uttar Pradesh to Mayawati’s Bahujan Samaj Party in exchange for ministerial berths.

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The Cabinet decided to move a Constitutional Amendment Bill to carve out assembly constituencies based on the 2001 census instead of 1991. This would buy time for several prominent leaders who were losing out their support base with changes based on 1991 figures, the process of which was almost complete. Since final numbers for the 2001 census is expected by the year-end, the next general elections would be held on the existing delineation finalised in 1976.

Swaraj said the selection of 2001 census was unanimously approved at an all-party meeting held last month. All three amendments would be introduced during the current session of Parliament, Swaraj said.

The Cabinet, however, deferred its decision on foreign direct investment (FDI) limits in various sectors. The bone of contention in today’s meeting was allowing foreign airlines to have equity ownership in domestic airlines.

According to sources, a view was expressed that Indian Airlines and Air-India had just been taken off the disinvestment list paving the way for their fleet expansion. Any decision to allow foreign airlines to buy their equity at this stage without giving these two airlines and opportunity to stabilise was not advisable.

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The group of ministers who met in February end had recommended a hike in FDI in domestic airlines to 49 per cent. However, Swaraj said the issue of FDI did not figure in the meeting.

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