Wednesday, January 1, 2025

Corruption, Conviction & Pension of MPs in India and Other Democracies: A Comparative Analysis

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The crucial role of MPs in democracies worldwide involves legislation and constituent advocacy. Various countries provide MPs with pension schemes to secure their finances after their term. We will compare MP pension schemes across the UK, US, Canada, Australia, and India. We will discuss the controversies surrounding MP pensions in relation to corruption and accountability, with detailed reference to India.

There are Several Types of Pension Systems for MPs Around the World

While differing in structure, MPs’ pension plans worldwide aim to provide financial security post-service. UK MPs take part in the Members’ Pension Scheme. Under this plan, the government matches 13.75% of the MPs' salaries. Final salary and years of service are factors in calculating pension payments. U.S. Congress members retire under the Federal Employees Retirement System. This system offers a basic pension, Social Security benefits, and a savings plan. MPs in Canada are covered by the Parliamentary Pension Plan. Their pension is based on the years served and the average salary of their five highest-earning years. The government matches the MPs’ contribution of 6% of salaries. In Australia, the Parliamentary Superannuation System covers MPs, with a 9.5% salary contribution matched by the government. Service length and the five best earning years determine their pension. The 1954 Salary, Allowances, and Pension Act governs MPs’ pensions in India. A government match of 8% of salary contributions is provided. The payouts are calculated based on service length and a five-year salary average. The schemes safeguard MPs’ finances against inflation following their retirement.

What Causes Disqualification and Expulsion of MPs?

Accountability is a cornerstone of any parliamentary democracy. There are measures in place across nations to disqualify or expel members of parliament (MPs) for misconduct or corruption. These actions aim to preserve the integrity of legislative institutions and reinforce ethical governance. 

In the United Kingdom, Claudia Webbe, a Labour MP, was suspended in 2020 after being charged with harassment. She was found guilty in 2021, leading to calls for her resignation. Similarly, Jeremy Corbyn, the former Labour leader, was suspended over comments on antisemitism within the party. But his membership was reinstated later. Nick Brown, a former Chief Whip, was suspended in 2022 because of an unspecified complaint. 

In the United States, George Santos was expelled in December 2023 for fraud and misuse of campaign funds. Similarly, James Traficant and Michael Myers were expelled in 2002 and 1980, respectively, for bribery, racketeering, and other criminal activities. Canada’s Belinda Stronach was disqualified in 2005 for dual office-holding. In Australia, David Gillespie was disqualified in 2017 for holding an office of profit under the Crown.

Now, Let Us Have a Look at Corruption and Crime in Indian Politics

India has a notable history of disqualifications on corruption charges. Lalu Prasad Yadav was disqualified in 2013 for his involvement in the fodder scam. J. Jayalalithaa was disqualified in 2017 for disproportionate assets. Later, she was acquitted. More recently, Manoj Manzil and Mohammad Faizal in 2024 and 2023, faced criminal convictions. 

Several high-profile Indian politicians have serious criminal records that highlight the challenges of corruption and accountability in the political system. Most of these politicians have been dodging trials in the courts for years. For example, BJP’s Brij Bhushan Sharan Singh faces charges of sexual harassment and criminal intimidation. Suresh Gopi of BJP is accused of cheating and breach of trust. RJD’s Abhay Kushwaha has 16 criminal charges, including rape and extortion. BJP’s Shantanu Thakur faces 23 cases, including kidnapping and crimes against women. The Commonwealth Games Scam and the JMM bribery case created public furore but ended up with acquittals of the main culprits. According to the Association for Democratic Reforms (ADR), over 300 similar cases against MPs have seen no action. This questions the fairness of granting pensions to such MPs. It also exposes the urgent need for reforms to address corruption and criminality in India’s parliamentary system.

However, three cases provide plenty of food for thought.

Fodder Scam Conviction

In the history of Indian political corruption, the former Bihar Chief Minister Lalu Prasad Yadav stands out. His conviction for the fodder scam underlines the importance of the judiciary in making powerful politicians answerable. For twenty years, bureaucrats, politicians, and suppliers used fake invoices to steal public money. This became infamous as Bihar’s “Chara Ghotala,” or fodder scam.

Multiple scam-related convictions led to Lalu Prasad Yadav’s five-year prison sentence in 2013, under the IPC and Prevention of Corruption Act. This resulted in his instant disqualification as an MP. This case highlights how diligent judicial investigation and prosecution can maintain the integrity of public office. It also ensures that no one, regardless of rank, is above the law. But such happenings are rare. Political bigwigs and business czars often enjoy impunity in India.

Disproportionate Assets Case

The former Tamil Nadu Chief Minister and AIADMK chief, Jayalalithaa Jayaram, faced charges of disproportionate assets. She and her associates allegedly accumulated wealth beyond their declared incomes during her first term as Chief Minister in 1991-1996. Prosecutors charged that she unlawfully amassed INR 66.65 crores in assets, including luxury properties, jewellery, and cash.

A Bengaluru special court’s 2014 decision found Jayalalithaa guilty. She was sentenced to a four-year prison term and a 100 crore rupee fine. She was disqualified as an MLA, under the Representation of the People Act, 1951. Later, the Karnataka High Court acquitted her in 2015. This case highlighted the need for high ethical standards among leaders, given their significant sway over public resources and decisions.

Sexual Harassment Case

The former BJP MP and former Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh faces multiple allegations of sexual harassment, assault, and criminal intimidation. Several female wrestlers accused him of abuse of power. The Delhi Police filed charges under sections of the Indian Penal Code, including Section 354 (assault or use of criminal force to outrage a woman’s modesty), Section 354A (sexual harassment), and Section 354D (stalking).

Despite the severity of the charges, Singh continues to escape going to prison. This case highlights the pervasive misuse of power and the urgent need for legal reforms to ensure prompt and impartial justice.

The convictions of Lalu Prasad Yadav and Jayalalithaa exemplify how a strong legal system enforces accountability. Conversely, the accusations against Brij Bhushan Sharan Singh highlight weaknesses in law enforcement and the urgent need for reforms to tackle sexual misconduct within politics.

The Debate on MP Pensions in India

Unsurprisingly, pension for Indian MPs is rarely debated despite widespread corruption. Critics believe MPs with criminal charges or a history of corruption should be ineligible for pensions.

What Are Key Arguments Against MP Pensions?

Arguments against MP pensions highlight concerns about corruption, accountability, and public perception. Granting pensions to MPs with serious criminal records undermines public trust. This signals impunity for unethical behaviour and erodes the integrity of democratic institutions. Many MPs engage in corruption, raising questions about the merit of providing lifelong financial benefits. In fact, pensions to such MPs are rewards for poor performance or misconduct, which diminish accountability and appear to endorse incompetence. In nations grappling with poverty and inequality, high MP pensions fuel public resentment. Citizens perceive this as unjust, with elected officials enjoying lavish benefits while ordinary people face financial struggles. This disparity widens the disconnect between politicians and their constituents. So, it is essential to ensure that MP pensions are aligned with principles of fairness, accountability, and public interest.

What are the Key Arguments For MP Pensions?

Supporters of MP pensions argue that it is necessary to provide financial security after their tenure ends. This reduces the temptation for corrupt practices in office. MPs can focus on public service rather than personal financial gain through unethical means. Additionally, pensions attract capable and qualified individuals to politics by alleviating financial concerns. This motivates professionals to pursue governance roles. Quality leadership promotes institutional integrity and fosters long-term democratic stability. A more effective and ethical political system comes into being.

However, such arguments prove unrealistic, as there is no limit to avarice.

How Can Corruption and Criminality be Addressed?

Reforming MP pension systems and combating corruption demand a comprehensive strategy. A stricter legal system is required to quickly disqualify candidates facing serious criminal charges. This would enhance the integrity of public office by barring individuals with questionable backgrounds. Establishing fast-track courts to handle cases involving politicians can ensure timely justice. Those accused of serious crimes will be prevented from exploiting lengthy trials to retain power. Expedited resolutions would enhance public trust in the judiciary.

Electoral reforms are equally vital to reduce the influence of money in politics. Transparent campaign finance rules, stricter donation regulations, and spending limits would help curtail undue influence. This should create a fairer electoral system, which gives precedence to voter choice over financial clout. Strengthening the Election Commission’s independence is critical for impartial enforcement of election laws. The Election Commission and judiciary need greater autonomy, resources, and protection from political interference to ensure robust oversight of the democratic process.

Public awareness is key to fostering a cleaner political environment. Civic education, transparency in candidate information, and voter awareness campaigns can empower citizens to make informed choices. This will help candidates with integrity and merit. A well-informed electorate is less likely to support corrupt individuals. Thus, a political landscape rooted in accountability and ethical governance will become a reality. These measures can significantly enhance the credibility and fairness of the democratic system.



#IndianPolitics #MPPension #PoliticalCorruption #ParliamentaryReform #PoliticalAccountability #LokSabha #AntiCorruption #PoliticalScandals #ElectionReform #IndianJudiciary #Law&Order #PoliticalCrime #IndianLegislature #GlobalDemocracy #PoliticalEthics #GovernanceReform #ConstitutionalLaw #FodderScam #WrestlingScandal #BJPIndia #RJD #PublicPolicy #DemocraticInstitutions #PoliticalTransparency #ElectoralReforms #IndianElections #USA #Australia #Canada #UPSC #CBSE #IAS 



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