Parliament passes Prevention of Corruption (Amendment) Bill, 2018.
21 Jul '18
After a raging 12-hour debate on
20th July 2018, the Narendra
Modi-led NDA government
defeated the no-confidence motion in
the Lok Sabha by 199 votes. While
126 members supported the motion,
325 MPs rejected it. The day-long
session in the Lower House saw the
government and the Opposition trade
charges and a moment of drama when
Congress president Rahul Gandhi, after
a blistering speech, walk over to Prime
Minister and embrace him in a hug.
This no-confidence motion, was the
27th in Parliamentary history, and the
first to be admitted in 15 years. The last
was in 2003 when the Congress party
moved a no-confidence motion against
prime minister Atal Bihari Vajpayee.
What is no-confidence motion:
In a parliamentary democracy, a
government can be in power only if it
commands a majority in the directly
elected House. Article 75(3) of our
Constitution embodies this rule by
specifying that the Council of Ministers
are collectively responsible to Lok
Sabha. The rules of Lok Sabha provide
a mechanism for testing this collective
responsibility. They allow any Lok
Sabha MP who can garner the support
of 50 colleagues, to introduce a motion
of no-confidence against the Council of
Ministers. Thereafter, a discussion on the
motion takes place. MPs who support
the motion highlight the government’s
shortcomings, and the Treasury Benches
respond to the issues they raise.
Historical Background:
In 1952, the Rules of Lok Sabha provided
that a no-confidence motion could be
moved with the support of 30 MPs.
Not a single no-confidence motion was
moved during the term of the first two
Lok Sabhas.
It was in 1963 (third Lok Sabha) that
the first one was moved by Acharya
J B Kripalani against the government
headed by Prime Minister Jawaharlal
Nehru. The debate on the motion
lasted for 21 hours over four days,
with 40 MPs participating.
The next no-confidence motion was
moved roughly a year later in 1964 by N
C Chatterjee, an Independent MP, against
Prime Minister Lal Bahadur Shastri.
From 1964-75, Lok Sabha debated 15
no-confidence motions. Three were
against Shastri and 12 against Indira
Gandhi.
Indira Gandhi faced three more no-
confidence motions between 1981 and
1982, none of them were successful in
dislodging a government.
Defeated motions:
The first no-confidence motion that
led to the falling of a government was
moved by Y B Chavan in 1979 against
the government of Prime Minister
Morarji Desai. After a nine-hour
debate spread over two days, Desai
resigned before the motion could be
put to vote.
Since then, every Prime Minister has
been able to defeat a no-confidence
motion. Rajiv Gandhi faced one
in 1987 which he defeated by a
simple voice vote because of his
overwhelming majority in Lok Sabha.
P V Narasimha Rao had two close no-
confidence motions during his term in
the 10th Lok Sabha. The first motion
against him was moved by Jaswant
Singh, which he defeated with a
margin of 46 votes. Rao did not face
any trouble in defeating the second
one, moved by Atal Bihari Vajpayee.
The third no-confidence motion that
Rao defeated with a margin of 14
votes was marred by controversy.
Jharkhand Mukti Morcha MPs were
taken to court for
having accepted
bribes to cast their
vote to defeat the
motion.
The Parliament on July 24, 2018 passed the Prevention
of Corruption (Amendment) Bill 2018 to enhance
transparency and accountability of the government.
The Bill amends various provisions of Prevention of
Corruption Act (PCA), 1988.
Provisions of the Bill
# The Bill introduces the offence of giving a bribe as a direct
offence. However, a person who is compelled to give a
bribe will not be charged with the offence, if he reports the
matter to law enforcement authorities within seven days.
# The Bill makes specific provisions related to giving
a bribe to a public servant, and giving a bribe by a
commercial organisationIt does not cover circumstances where the public official:
(i) uses illegal means,
(ii) abuses his position, or
(iii) disregards public interest and obtains a valuable
thing or reward for himself or another person.
# The Bill modifies the definitions and penalties for
offences related to taking a bribe, being a habitual
offender and abetting an offence.
# It introduces the powers and procedures for the
attachment and forfeiture of property of public servants
accused of corruption.
# The Bill adds the provision for prior sanction to
prosecute former officials. The Act only provided for
the prior sanction to prosecute serving public officials.
# It deletes the provision that protects a bribe giver from
prosecution, for any statement made by him during a
corruption trial. This may prevent bribe givers from
appearing as witnesses in court.
# Under the Act, a person is proven guilty for the offences
of taking a bribe, being a habitual offender or abetting
an offence. The Bill amends this provision to only
cover the offence of taking a bribe.
# It provides more stringent punishment for the offences
of bribery, both for the bribe giver and the bribe taker
The Bill redefines criminal misconduct to only cover
misappropriation of property and possession of
disproportionate assets.
21 Jul '18
After a raging 12-hour debate on
20th July 2018, the Narendra
Modi-led NDA government
defeated the no-confidence motion in
the Lok Sabha by 199 votes. While
126 members supported the motion,
325 MPs rejected it. The day-long
session in the Lower House saw the
government and the Opposition trade
charges and a moment of drama when
Congress president Rahul Gandhi, after
a blistering speech, walk over to Prime
Minister and embrace him in a hug.
This no-confidence motion, was the
27th in Parliamentary history, and the
first to be admitted in 15 years. The last
was in 2003 when the Congress party
moved a no-confidence motion against
prime minister Atal Bihari Vajpayee.
What is no-confidence motion:
In a parliamentary democracy, a
government can be in power only if it
commands a majority in the directly
elected House. Article 75(3) of our
Constitution embodies this rule by
specifying that the Council of Ministers
are collectively responsible to Lok
Sabha. The rules of Lok Sabha provide
a mechanism for testing this collective
responsibility. They allow any Lok
Sabha MP who can garner the support
of 50 colleagues, to introduce a motion
of no-confidence against the Council of
Ministers. Thereafter, a discussion on the
motion takes place. MPs who support
the motion highlight the government’s
shortcomings, and the Treasury Benches
respond to the issues they raise.
Historical Background:
In 1952, the Rules of Lok Sabha provided
that a no-confidence motion could be
moved with the support of 30 MPs.
Not a single no-confidence motion was
moved during the term of the first two
Lok Sabhas.
It was in 1963 (third Lok Sabha) that
the first one was moved by Acharya
J B Kripalani against the government
headed by Prime Minister Jawaharlal
Nehru. The debate on the motion
lasted for 21 hours over four days,
with 40 MPs participating.
The next no-confidence motion was
moved roughly a year later in 1964 by N
C Chatterjee, an Independent MP, against
Prime Minister Lal Bahadur Shastri.
From 1964-75, Lok Sabha debated 15
no-confidence motions. Three were
against Shastri and 12 against Indira
Gandhi.
Indira Gandhi faced three more no-
confidence motions between 1981 and
1982, none of them were successful in
dislodging a government.
Defeated motions:
The first no-confidence motion that
led to the falling of a government was
moved by Y B Chavan in 1979 against
the government of Prime Minister
Morarji Desai. After a nine-hour
debate spread over two days, Desai
resigned before the motion could be
put to vote.
Since then, every Prime Minister has
been able to defeat a no-confidence
motion. Rajiv Gandhi faced one
in 1987 which he defeated by a
simple voice vote because of his
overwhelming majority in Lok Sabha.
P V Narasimha Rao had two close no-
confidence motions during his term in
the 10th Lok Sabha. The first motion
against him was moved by Jaswant
Singh, which he defeated with a
margin of 46 votes. Rao did not face
any trouble in defeating the second
one, moved by Atal Bihari Vajpayee.
The third no-confidence motion that
Rao defeated with a margin of 14
votes was marred by controversy.
Jharkhand Mukti Morcha MPs were
taken to court for
having accepted
bribes to cast their
vote to defeat the
motion.
The Parliament on July 24, 2018 passed the Prevention
of Corruption (Amendment) Bill 2018 to enhance
transparency and accountability of the government.
The Bill amends various provisions of Prevention of
Corruption Act (PCA), 1988.
Provisions of the Bill
# The Bill introduces the offence of giving a bribe as a direct
offence. However, a person who is compelled to give a
bribe will not be charged with the offence, if he reports the
matter to law enforcement authorities within seven days.
# The Bill makes specific provisions related to giving
a bribe to a public servant, and giving a bribe by a
commercial organisationIt does not cover circumstances where the public official:
(i) uses illegal means,
(ii) abuses his position, or
(iii) disregards public interest and obtains a valuable
thing or reward for himself or another person.
# The Bill modifies the definitions and penalties for
offences related to taking a bribe, being a habitual
offender and abetting an offence.
# It introduces the powers and procedures for the
attachment and forfeiture of property of public servants
accused of corruption.
# The Bill adds the provision for prior sanction to
prosecute former officials. The Act only provided for
the prior sanction to prosecute serving public officials.
# It deletes the provision that protects a bribe giver from
prosecution, for any statement made by him during a
corruption trial. This may prevent bribe givers from
appearing as witnesses in court.
# Under the Act, a person is proven guilty for the offences
of taking a bribe, being a habitual offender or abetting
an offence. The Bill amends this provision to only
cover the offence of taking a bribe.
# It provides more stringent punishment for the offences
of bribery, both for the bribe giver and the bribe taker
The Bill redefines criminal misconduct to only cover
misappropriation of property and possession of
disproportionate assets.
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