RTI reveals MLAs have no duties.

The Times of India:Thursday, December 29, 2011.

NAGPUR: Once you elect an MLA, is s/he answerable to you by his actions? What are his duties as a legislator? Well, the fact is that there is no binding on the legislator to do anything. Neither the Indian Constitution nor Maharashtra Legislature Rules stipulate any duty for an MLA or MLC. It is up to the legislator to serve his voters as he pleases.

Nagpurian Ajay Parate found this little-known fact by obtaining the information from Maharashtra Legislature Secretariat under RTI. Parate, pointing out that legislators after being elected take an oath, 'I will faithfully discharge the duty upon which I am about to enter', sought to know what these duties were. He was shocked to know that there were nothing specified.

"Why do we need legislators at all," asks Parate. "Are they only for collecting honorarium and enjoying various facilities at taxpayers' cost. There is no need for MLAs and MLCs to make tall claims about serving the people."

Consumer activist Rajiv Jagtap concurs with Parate. "If legislators do not have duties then it is shocking. If true, they should not get any facilities. Government provides them laptops, telephones, free accommodation, etc. They get multi-crore flats in Mumbai for peanuts. It should be the duty of the MLA to ensure that his voters get basic amenities. He should ensure that the government machinery works. We do not have a right to recall. So if a MLA does not work for his constituency we can't do anything. This must change," he said.

Ramtek MLA Ashish Jaiswal, who is a law graduate, however, dismissed these contentions. "The function of legislature is to make laws. The duty of an MLA is to give his opinion to the government and discuss various issues. He also has to use various legislative tools like calling attention motion, etc to raise issues pertaining to his constituency or the entire state."

"In addition the MLA has to raise the issues pertaining to his constituency with the concerned government agency and minister. He also has to develop his constituency using his local area development (LAD) fund. So, saying that MLAs do not have any duties is totally wrong," the MLA said.

Ex-minister Madhukar Kimmatkar also said that while legislators did not have fixed duties they were unwritten norms that they had to follow.

Another consumer activist Ravindra Kaskhedikar also feels that there was no point in fixing the duty of legislator. "They attend the assembly but do not raise any questions. Suppose we make it compulsory for them to do so then might ask irrelevant questions, which the government will not answer.

"However, the legislature secretariat must make available to the public the performance of each and every legislator in the House. The voters should not what issues his or her MLA had raised. Finally voters' are the best judges," he stressed.

An IAS officer, not wishing to be named, too said that legislators could not be forced to do something. "In a democracy if a person is elected by the voters in spite of his poor performance then what can the government machinery do. Murderers and rapists are getting elected."