Saturday, July 7, 2012

Are there any rules about ministers receiving gifts?


There have been several Disproportionate Assets (DA) cases against ministers and ex-ministers in India. A recent court ruling in regard to a DA case against Ms. Mayawati has attracted a lot of attention. Visit 
In the past in many (DA) cases, the accused have argued that the millions of rupees they have amassed have come from donations by members of their party. I am not concerned about individual cases – the courts will deal with them; my concern is with the law. Are there any laws regarding acceptance of gifts by ministers, similar to the Conduct Rules for Government employees?

The US Senate rules are quite clear in this regard. Visit http://www.ethics.senate.gov/public/index.cfm/gifts
I quote from the same:
“No Member, officer, or employee shall knowingly accept a gift except as provided by the Gifts Rule.
A Member, officer, or employee may accept a gift, other than cash or cash equivalent, having a value of less than $50, provided that the source of the gift is not a registered lobbyist, foreign agent, or private entity that retains or employs such individuals. The cumulative value of gifts that may be accepted from any one source in a calendar year must be less than $100. Generally, gifts having a value of less than $10 do not count toward the annual limit”.

There is no exception for gifts from party members. This makes sense, because anyone can find a party member who can be used as a conduit to pay a minister. Indian legislatures should consider enacting effective conduct rules for their members, in the interests of their own credibility. A minister is as much a public servant as any government officer. Why can’t ministers be covered by the same conduct rules as government employees? In fact, ministers have a lot more authority than government employees and should, therefore, be well above suspicion. Large amounts received as gifts by a minister should be presumed to be illegal gratification irrespective of where they come from, even if they come as small amounts aggregating to a disproportionate amount.

What about party funds, particularly because they are exempted from Income Tax? That is another matter requiring serious discussion. Why should they not be audited by auditors appointed by the Election Commission and the audit reports published? The anti-corruption movement (http://www.indiaagainstcorruption.org/index1.html ) should consider and comment on these issues.

Srinivasan Ramani

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