House In Turmoil

In a swift move the Bansal Committee recommended the expulsion of 10 MPs exposed by Operation Duryodhana. The expose has triggered a debate on probity and need for further reforms.

On December 12, Lok Sabha Speaker Somnath Chatterjee got a call early in the morning asking him to watch Aaj Tak. The TV channel was then airing video footage of 11 of Chatterjee's fellow parliamentarians either accepting cash or consenting to sell their question time to a fictitious organisation of small manufacturers named nisma. The images only confirmed the popular suspicion that some politicians have made a habit of corruption.

The Speaker rushed out to meet leaders of the ruling and opposition parties. He asked the Lok Sabha MPs stung by Operation Duryodhana to stay away from the session till an in-house inquiry into the matter was completed. A committee headed by Congress MP Pawan Kumar Bansal was hastily constituted to delve into the issue and submit its findings by December 21.

WHAT AN MP GETS

SALARY: Rs 12,000 per month SESSION ALLOWANCE: Rs 500 per day CONSTITUENCY ALLOWANCE: Rs 10,000 per month. (This is apart from the Rs 2 crore released per year directly by the Centre to an MP's constituency) STATIONERY: Rs 3,000 per month FRANKING OF LETTERS: Rs 1,000 per month SECRETARY: Rs 10,000 per month. TRAVEL: First-class rail plus one second-class fare for companion or one to one-fourth of the cost of a plane ticket for each journey (only one way). While travelling by road, he/she gets Rs 8 per km. WATER SUPPLY: Free supply of 4,000 kilo litre per year. ELECTRICITY: 50,000 units per year free. FURNITURE AND FURNISHINGS: Rs 24,000 per year plus repair allowances. TELEPHONE EXPENSES: Monetary equivalent to 1,50,000 free calls per year. Health and pension schemes, local conveyance reimbursements etc. are among other benefits available to an MP.

On Thursday the Bansal Committee tabled its report. It found no reason to doubt the sting operation and unequivocally recommended "stern action against the MPs including expulsion". Even before the Lok Sabha began debating the recommendations, MPs from affected parties raised technical issues.

V.K. Malhotra of the BJP, who was on the committee and had submitted a dissent note, said, "I would not like to become a party to the setting of a precedent by which a member can be expelled from the House without the proper procedure being adopted." Malhotra said the committee did not follow proper rules and the findings are ambiguous. He says "only a court can decide the legal position of the action recommended". The BJP is the worst hit as 11 of its MPs have been caught on camera. It is not surprising that the expose and consequent action have acquired partisan overtones.

Earlier, Vice President and Chairperson of the Rajya Sabha Bhairon Singh Shekhawat asked the Ethics Committee of the Upper House to probe the allegations against one of its members Chhatrapal Singh Lodha. Within 48 hours, the panel found reason for Lodha's suspension.

It has been a torrid session. Even as the parties struggled to come to terms with Operation Duryodhana, they were stung again by Operation Chakravyuha which exposed seven MPs, including Lodha, seeking kickbacks for getting projects sanctioned under the MP Local Area Development Scheme (MPLADS). The two House panels immediately expanded their inquiries to Operation Chakravyuha and the seven freshly accused in the MPLADS expose will also submit explanations to the respective committees.

The panels had little or no precedent to go by. The only earlier instance was in 1951 when Lok Sabha member H.G. Mudgal was accused of taking Rs 2,000 from the Bombay Bullion Association to raise a question in its favour in Parliament and had to resign subsequently. The present situation is more complicated involving 16 MPs. C.P. Singh of Lok Sabha and Lodha are two BJP MPs whose names figure in both the sting operations.

OPERATION DURYODHANA   The sting operation exposed these MPs accepting cash for asking questions
ANNASAHEB PATIL BJP, LS, ERANDOL Total amount Rs 45,000 STATUS: EXPELLED*	SURESH CHANDEL BJP, LS, HAMIRPUR Total amount Rs 30,000 STATUS: EXPELLED	C.P. SINGH BJP, LS, SIDHI Total amount Rs 35,000 STATUS: EXPELLED
N.K. KUSHWAHA BSP, LS, MIRZAPUR Total amount Rs 55,000 STATUS: EXPELLED	LAL CHANDRA BSP, LS, ROBERTSGANJ Total amount Rs 35,000 STATUS: EXPELLED	CHHATRAPAL SINGH BJP, RAJYA SABHA, ORISSA Total amount Rs 15,000 STATUS: SUSPENDED

Y.G. MAHAJAN BJP, LS, JALGAON Total amount Rs 35,000 STATUS: EXPELLED	MANOJ KUMAR RJD, LS, PALAMAU Total amount Rs 1,10,000 STATUS: EXPELLED	PRADEEP GANDHI BJP, LS, RAJNANDGAON Total amount Rs 55,000 STATUS: EXPELLED
RAJA RAM PAL BSP, LS, BILHAUR Total amount Rs 35,000 STATUS: EXPELLED	RAM SEVAK SINGH CONGRESS, LS, GWALIOR Total amount Rs 50,000 STATUS: EXPELLED

Legal luminary and former attorney-general Soli Sorabjee is clear that such situations had not been contemplated by the writers of the Constitution. "The Constitution does not say anything about disqualifying an MP on the basis of such incidents. If the House (Lok Sabha) chooses, it can move a motion against the accused for breach of Parliamentary dignity," says Sorabjee. The only reference to disqualification is under measures against defection allowed by the Tenth Schedule.

Prima facie though the MPs seem to have violated the oath of office under Article 99 of the Constitution. The committee has reasoned that the MPs violated the dignity of the House and are "guilty of misconduct". While taking oath, the MPs solemnly affirm that they will bear true faith and allegiance to the Constitution and faithfully discharge their duty without fear or favour or for considerations.

Even as the report was debated MPs in the Central Hall of Parliament were engrossed in a discussion. The opening line was: What if? For instance if the House disqualified

OPERATION CHAKRAVYUHA It's All About Money

It made for an ugly sight. His eyes twinkling with the thought of easy money, his tongue losing control in eager anticipation, his mind working overtime figuring out astronomical percentages out of the commission. The saffron clad Sakshi Maharaj could talk about money with the ease of a renegade banker. Star News through a sting operation-Operation Chakravyuha done with Detective Intelligence Group-showed six MPs soliciting commissions while allotting funds under the MPLADS for developmental works in their respective constituencies. The seven mps caught with their hands in the till are: former Union minister Faggan Singh Kulaste, BJP MP from Mandla in Madhya Pradesh, former Goa chief minister Churchill Alemao, Congress MP from South Goa, Paras Nath Yadav, Samajwadi Party MP from Jaunpur, Chandra Pratap Singh, BJP MP from Sidhi in Madhya Pradesh, Ram Swaroop Koli, BJP MP from Bayana in Rajasthan and two members of the Rajya Sabha, BJP's Chhatrapal Singh Lodha and Samajwadi Party's Sakshi Maharaj. The images confirmed what has been suspected all along-many MPs pocket commission while allotting projects that are executed from MPLADS money. The scheme started with Rs 1 crore per MP per year by the then prime minister P.V. Narasimha Rao. Now MPs are allotted Rs 2 crore annually. Sakshi Maharaj demanded 45 per cent as his cut and promised to deliver several other MPs. Kulaste and Singh even pocketed an advance. The latest sting has triggered a debate on MPLADS. "The scheme should be discontinued," says former HRD Minister M.M. Joshi while Union Minister Raghuvansh Prasad Singh says: "The money is meant for development of the constituency and Rs 8,000 crore cannot be given for indulging in vote politics." The last word has not been said. Neither on stings nor on corrupt MPs. -By Neeraj Mishra

the members would they face charges? What if they were-as has happened in many cases under the Prevention of Corruption Act against ministers-found not guilty by courts? Whose word would count-the verdict of the House or the judiciary? Former minister and BJP MP Ravi Shankar Prasad believes that the House is supreme. Others wondered if the MPs could contest again. After all, the Election Commission can only bar those convicted by courts. Significantly, the MPs caught in Operation Duryodhana seem to have adopted a common approach: they have termed the video clips as conspiratorial material produced by or at the behest of political rivals and intended to malign them.

Operation Duryodhana, however, isn't some typical cat and mouse game often played between politicians and the media. The footage provided vivid evidence of political corruption. As the committee said: "There was no reason to doubt the footage."

Soon after the report was tabled some MPs wondered under what rule would the expulsion be implemented. Even as they hoped that the MPs would resign they felt that instead of dragging the issue into a cesspool of legal tangle it would be best for the parties to simply expel the MPs. However, parties can only expel the MPs from party membership. What if the members refuse to resign after being expelled from the party, asks another parliamentarian. Not surprisingly, Chatterjee invited party leaders to dinner on Wednesday for discussions.

Typically, first reactions of many MPs have been akin to shooting the messenger. On Wednesday, certain Lok Sabha members like JD(U)'s Prabhunath Singh wanted journalists involved in the expose to be punished. "Trying to bribe an MP is a cognisable offense," Singh said. Standing up for the media, the Speaker reminded the House that the media was the fourth pillar of democracy. Even as the issue has morphed into a political battle it would be difficult for the parties to shield the corrupt or, worse, target the media.

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