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Push button parliament–why India needs a non-partisan, recorded vote system

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publisher Universidad del Rosario

type info:eu-repo/semantics/publishedVersion

type info:eu-repo/semantics/article

title Push button parliament?why India needs a non-partisan, recorded vote system

subject India, recorded votes, anti-defection, political parties, comparative constitutional law, parliamentary procedure,

division, voice-votes, Tenth Schedule, accountability.

source Annuaire Colombien de Droit International - ACDI; Vol. 4 (2011): ANUARIO COLOMBIANO DE DERECHO

INTERNACIONAL - ACDI; 163-241

source 2027-1131

source 2145-4493

source Colombian Yearbook of International Law - CYIL; Vol. 4 (2011): ANUARIO COLOMBIANO DE DERECHO

INTERNACIONAL - ACDI; 163-241

source Anuario Colombiano de Derecho Internacional - ACDI; Vol. 4 (2011): ANUARIO COLOMBIANO DE DERECHO

INTERNACIONAL - ACDI; 163-241

rights info:eu-repo/semantics/openAccess

rights http://creativecommons.org/licenses/by-nc/4.0

relation http://revistas.urosario.edu.co/index.php/acdi/article/view/2052/1819

language spa

format application/pdf

description Decisions of national importance are made by Parliamentary voting. Yet Indian Members of Parliament (MPs) vote

with a remarkable lack of freedom and accountability. The introduction of the Tenth Schedule in the Constitution has

crippled free expression, since it provides that MPs voting against ?any direction? of their Party are liable to

disqualification from the legislature In addition, except for Constitutional amendments, Indian Parliamentary

Procedure Rules do not require votes of MPs to be recorded unless the Speaker?s decision is contested in the House.

The result is that voting in the House has become mechanical, controlled by Party politics and devoid of responsibility.

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suggests that the voting system adopted in the Parliament is an effective indicator to measure the level of

accountability of its Members. In the context of India, this paper argues that the level of accountability will increase to a

desirable extent only when there is adoption of a recorded system for every important House vote. Upon examination

of India?s record thus far (through the sample of the 14th Lok Sabha) it becomes evident that the level of divisions

(recorded votes) is substantially lower than other countries. This leads the paper to probe, as to why that might be the

case. Part II of the paper answers that question by examining the Tenth Schedule of the Constitution. The paper

scrutinizes the disproportionate influence of the Party in decision making in the Parliament. Apart from dealing with the

inherent problem of the Tenth Schedule, this paper suggests two procedural changes to make parliamentary

expression more meaningful. Firstly, the recording of all important votes within the Parliament and secondly,

registering Party whips with the Minister of Parliamentary Affairs so that the voter knows the clear stand of every

Parliamentary continuum. The focus of the paper is thus to bring back the attention of the legislators to their central

function, which is deliberation on and the passage of legislation.

identifier.uri http://hdl.handle.net/10336/6414

identifier http://revistas.urosario.edu.co/index.php/acdi/article/view/2052

date.available 2014-07-08T22:02:47Z

date.accessioned 2014-07-08T22:02:47Z

date 2011-12-31

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