CONFERENCE OF SECRETARIES OF LEGISLATIVE BODIES IN INDIA

(Held on 3^rd February 2003 at Mumbai)

Financial Autonomy Of The Legislature Secretariats

Speech of Shri Siddharath Rao, Secretary, Delhi Assembly

              Hon’ble Secretary-General, Lok Sabha and the Chairman of the Conference, Shri G.C. Malhotra, Dr. Yogendra Narain, Secretary-General, Rajya Sabha, Shri Vilas Patil, Principal Secretary, Maharashtra Legislative Assembly and my dear colleagues. It is a matter of great irony for all of us today that we are discussing the issue of financial independence of a Legislature.

            The Legislature supervises the activities of the Executive to ensure administration public policy in accordance with the legislative intent.  Legislatures monitor and uncover defects of the Executive.  Legislatures also act to correct misinterpretation or maladministration of the Executive.  The activities of the Executive are kept under constant critical and public scrutiny. 

            Through the House and House Committees, we exercise oversight of finance and Budgetary process of the Government and today we are talking about financial independence of a Legislature! It is really ironical and unfortunate.     

            Before talking on financial autonomy, I would like to say something about having a separate Secretariat for a State Legislature which has been provided for under article 187 of the Constitution.  There are State Legislatures like the one in Delhi where we have a representative institution without having a full Statehood status.  I think, all Legislatures enjoying law-making powers should be considered equivalent because their powers should be considered equivalent because their powers, amenities and privileges are, I think, equivalent.

            Now coming back to the question of financial autonomy to Legislatures, I would like to submit that Legislatures, in my opinion, inherently should have the following three components.  First, sufficient Budget; second, powers or independence to utilize the Budget; and third, freedom from outside interference in the Budget utilization.  If all the three components are available, then we can consider that financial independence is available. Most of time Budget I available but the Assembly secretariat is not in a position to utilize the Budget in accordance with the need and requirement of the Assembly.

            The third aspect is that since the Assemblies and the representative institutions are very important institutions, there should not be any outside interference in these institutions.  If these three factors are taken into consideration, I feel, financial independence of the Legislatures can be achieved and it may lead towards complete autonomy of a Legislature, which is a wider issue and for which, I think, we all are sitting here together under the leadership of the Secretary-General, Lok Sabha who has made remarkable contribution on all these fronts not only in the premier Legislature of our country but also has helped several State Legislatures to achieve confidence, ability, freedom and supremacy to run a Legislature in accordance with the constitutional provisions.