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.
“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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