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This is an archive article published on March 19, 2003

Cross-voting days are over, RS polls will be in the open

With a view to end the recent spate of cross-voting and the possibility of purchase of votes, the Cabinet today approved an amendment which ...

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With a view to end the recent spate of cross-voting and the possibility of purchase of votes, the Cabinet today approved an amendment which provides for election of Rajya Sabha members through open voting instead of a secret ballot.

The amendment to the Representation of People’s Act (RPA) of 1951 will also permit an Indian citizen to contest the Rajya Sabha elections from anywhere in the country, Parliamentary Affairs Minister Sushma Swaraj told reporters after the Cabinet meeting.

Present rules stipulate that a candidate has to be an ordinary resident of the state from which he is contesting the polls.

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The other important announcement was a 26-per-cent cap on foreign direct investment in television news channels. The Cabinet, deciding to be guided by the policy announced for FDI in newspapers, has given one year to existing channels with foreign equity to conform to the 26-per-cent cap.

On the amendment of the RPA for the new Rajya Sabha voting rule, Swaraj said a Bill would be introduced in the second half of the Budget session starting April 7.

Although there has been unanimity among political parties on curbing money power in polls, there was no consensus in the parliamentary Standing Committee on Home Affairs which examined it.

While a section of the committee felt that open voting would reduce horse-trading and rampant corruption in the polls, its opponents argued that there was a greater need to block political parties from receiving funds in return for getting a member elected to the Rajya Sabha.

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The committee was also divided on the resident status with one group advocating that it acted as a hindrance which forced candidates to submit false affidavits. It also infringed up on the Constitutional right of an individual to move and reside freely anywhere in the country, they argued.

Those opposed to striking out the clause feel that lifting the restriction could affect the federal character of the Rajya Sabha and could lead to an emotional detachment of the elected representative who would prefer to spend the development funds in the state he actually hails from.

The Cabinet decision to place a 26-per-cent cap on FDI in TV news channels means that Star, one of the three channels in the race to start operations from April 1, will have to apply afresh for permission to uplink from the country.

Star’s previous application had mentioned that it had three foreign directors with the company registered in Virgin Islands. A Star official said they would follow the rules and will be ready to launch on April 1.

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While Prannoy Roy’s NDTV — with 16.47-per-cent foreign equity — too is ready to get off the blocks next month, Zee Telefilms — with around 57.54 per cent of foreign equity — will have one year to change its equity holdings.

To ensure absolute conformity, the Ministry of Communications, which was the nodal authority for approvals to channels, will have to work with the Information and Broadcasting Ministry. The I& B Ministry had received 12 applications from round-the-clock news channels. The Ministry will look at the broadcast policies of the US, UK, Japan, China and Australia in fine-tuning the uplinking policy for news channels.

While in the US, the applicant has to be a citizen, England has a detailed policy on cross-media restrictions. In China, where Star’s Phoenix channel is a joint venture with the government, foreign channels are issued ‘‘landing permission rights’’ that vary from province to province. ‘‘We will come out with the rules shortly,’’ Ministry officials said.

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