Regarding the duties of MLA and MP'S

[Karthik 1]

I would like to know precisely what is the duty of an Elected representative

 

i) Duties of an MLA

 

II) Duties of an Corporator, Village Panchaya

 

iii) Duty of an MP

[Shrawan 823]

I guess you had one discussion at our sister site here: http://www.bighelpers.org/forum/indian-government-ministries/185-what-professional-duties-elected-representative-i-e-mla-mp.html

 

I guess you want to use RTI Act to know about it more?

[bansal.adv 1]

no you can`t use RTI in that matter. plese decuss puple representation act and the constitution of india the question is barred in sec 8

[karira 5,896]

no you can`t use RTI in that matter. plese decuss puple representation act and the constitution of india the question is barred in sec 8

 

Sunil,

 

Can you please clarify under which sub-section of Sec 8 is it barred ?

[Karthik 1]

I think from my understanding we cannot obtain information related to the security of the nation. Obtaining the information about MLA /MP's i think doesnt fall into this clause

 

I would like to know whether we can use RTI to know about the professional duties of the elected representative such as MLA,MP ,Sarpanch,corporator etc.

[sidmis 246]

I would like to know whether we can use RTI to know about the professional duties of the elected representative such as MLA,MP ,Sarpanch,corporator etc.

 

Dear Karhik,

As I understand from your postings above you are mostly concerned with the applicability of RTI Act on People's representatives & how to seek information from them directly?

 

Whether the Elected Representatives are coming under the purview of RTI Act is currently under debate. People's representatives are yet to declare themselves as Public Authorities. So direct access of information from them is not possible right now. Though a lot of information about their activities can be accessed from other sources.

 

Similar cases are pending before the Central Commission on returned RTI application to Ms. Sonia Gandhi, MP, Shri Sahib Singh Chauhan, MLA, Smt. Sunita Sharma, Municipal Councillor, Shri Rahul Gandhi, MP.

 

Some days back CIC invited comments from public on this issue. Plz have a look here http://www.cic.gov.in/PublicNotices/NoticeForHearing-31072008.pdf

 

Once the hearing is over there will be clarity over this issue.

[Karthik 1]

Hi. What i would like to know is, is there any thing written in the consititution that lists out the duties of the Elected representative. Why i am asking is, if we come to know that these are the duties of an elected representative then it would be possible for us to measure the work done by him and to come to know what else he could have done.

[Sivav 1]

Hello Karthik,

 

Were you able to find the duties of M.L.A/M.P's anywhere ? I could find duties and responsibility of a Clerk or a Peon in a Municipality office but not our M.P's and M.L.A's. Isn't that interesting ?

[bansal.adv 1]

you r wrong i give you the duties of an mla and mp but some time latter becuse i have avery busy time so sorry for delay but wait for adout two days

[sandeepbaheti 106]

Isn't the parliament required to proactively disclose this information u/s 4?

[rajakumar_05 0]

I want want is the job resposible for MLA & MP and how much ammout is separated for to the development for the area

[karira 5,896]

I want want is the job resposible for MLA & MP and how much ammout is separated for to the development for the area

 

1. For job responsibility of MP's and MLA's, please see this thread:

http://www.rtiindia.org/forum/18545-mps-mlas-accountable-ec-ministries-have-no-info.html

 

2. For MP & MLA funds, most of the information is already available in the Public Domain. Please refer to these threads and all the links given therein:

 

http://www.rtiindia.org/forum/8229-regarding-my-constituency.html

http://www.rtiindia.org/forum/9668-we-want-know-what-does-our-legislator-do.html

http://www.rtiindia.org/forum/17094-information-pmo.html

 

If you need still more detailed information you can seek it under RTI from some of the Public Authorities indicated in those threads/posts.

[karira 5,896]

Please also read:

 

http://www.rtiindia.org/forum/18545-mps-mlas-accountable-ec-ministries-have-no-info.html#post59078

[whackpack 24]

you r wrong i give you the duties of an mla and mp but some time latter becuse i have avery busy time so sorry for delay but wait for adout two days

 

dear bansal ji, could you please post the necessary information if you have it?

[Maryanne 0]

Hi Friends,

 

I want info on the rights and duties of an MLA and so I came to

RTI, but navigating on this site is too complicated and I still have

no answer. Can someone help?

 

Maryanne:(

[ambrish.p 1,372]

Dear Maryanne

 

Please see this thread: http://www.rtiindia.org/forum/6640-regarding-duties-member-legislative-assembly-member-parliaments-2.html

 

regards

[ganpat1956 673]

Last two posts merged with the original thread.

[VIRENDER KUMAR 0]

Hi Friends,

 

I want info on the rights and duties of an MLA and so I came to

RTI, but navigating on this site is too complicated and I still have

no answer. Can someone help?

 

Maryanne:(

 

Dear Maryanne i am also suffering with same problem i am also interested to know about my constituency MLA's Fund usages but till now i didnt get any reply with the same site

Keep in touch to solve this kind of problem

[vnatarajan 33]

Dear Kartik

 

One source you cany reg. MPs- as the Ministry of Parliamentary Affairs almost acts as the Secretariat for many functions of the Ministers as well as catering to their multiple requirements inlcuding their salaries/ allowances/bills-claims/ family- welfare etc - if I am correct:

 

The Ministry comes under RTI Act also.

 

PL TRY SOME RTI Queries for at least MPs!

 

Link is:

 

Functions

 

vnatarajan

[karira 5,896]

As reported in timesofindia.indiatimes.com on 15 April 2011:

http://timesofindia.indiatimes.com/india/MPs-MLAs-have-no-duties-and-responsibilities/articleshow/7985796.cms

 

'MPs, MLAs have no duties and responsibilities'

 

NEW DELHI: What are the duties and responsibilities of members of Parliament and state legislative assemblies? Actually nothing!

 

A series of RTI queries filed with the central government and state assemblies show that there are no duties and responsibilities for elected representatives of the people. The only exception may be Sikkim, where the assembly has rules of procedure "specifying the duties (and) responsibilities of MLAs towards the august House being public representatives" and it would be their "prime duty to maintain communal harmony and peace among the people".

 

On February 2, 2009, an RTI application was filed by activist Dev Ashish Bhattacharya with the Election Commission seeking details of duties, responsibilities and accountability of MPs and MLAs. The commission replied that it was "not concerned with information sought" and it had no such information. On an appeal, the commission's appellate authority ruled that the query should have been transferred to the ministry of parliamentary affairs and ministry of law and justice.

 

Lok Sabha secretariat said on June 3, 2009 that there was "no provision either in the Constitution or the Rules of Procedure and Conduct of Business in Lok Sabha defining duties and responsibilities of members of Parliament or through which the accountability can be fixed on non-performing MPs".

 

The Lok Sabha secretariat quoted Article 99 of the Constitution, to say that the members have to "make and subscribe before the President or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the Third Schedule". The person appointed by the President is the protem speaker, who takes oath from the President in Rashtrapati Bhavan. Protem speaker also signs the roll of members in the House.

 

The Bihar assembly also believes that "there is no provision/rule through which the duties, responsibilities and accountabilities of MLAs are fixed". And there was "no provision in the law through which accountability can be fixed" on non-performing MLAs, it said. West Bengal assembly's public information officer said they too didn't have any specific rules "through which the responsibility and accountability can be fixed".

 

The Haryana Vidhan Sabha secretariat said while there were no specific acts defining the duties of MLAs, the "members are bound to bear the true faith and allegiance to the Constitution of India as law established, that he will uphold the sovereignty and integrity of India as per provisions of the Constitution of India".

 

The Assam assembly does not have specific rules. It said, "As per parliamentary practice and convention, the members are bound to maintain the highest tradition in parliamentary life and they are responsible to observe good conduct both inside and outside the House as well."

 

The story isn't much different in the responses from most other state assemblies. Kerala assembly said "no specific statute has so far been enacted by the Kerala legislative assembly".

 

However, in Sikkim, elected representatives have rules of procedure and conduct of business provisions "specifying the duties and responsibilities of MLAs towards the august House being public representatives", the RTI reply said. Sikkim provision says, "It will be their prime duty to maintain communal harmony and peace among the people of their respective constituencies."

 

The President's secretariat, after remaining silent for almost six months, referred the RTI application to the ministries of law and justice and parliamentary affairs recently. On February 18, the ministry of law and justice referred the matter to parliamentary affairs, which is yet to reply to the RTI.

[Duvvuri 0]

Thanks Friends. I could connect to this debate while searching excatly what powers do an MLA or an MP can do for people's betterment. It is very interesting to know that nowhere the duties of an MLA or MP is listed out. I guess we should persue this matter seriously as we wasted 60 yrs by going to polls without knowing the basic duties of these People's representatives. I am eagerly waiting to see for somebody to repsond to Karthik's query.