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Bulldozed through, bill gives Indian taxman free rein

Serious Carrey

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What do you guys (Indian members) think of the red bold part?

From Asia Times (can't post the link)

While the Indian media was busy analysing the outcome of elections in its most populous state, Uttar Pradesh, and the choice of a Hindu priest as its chief minister, Finance Minister Arun Jaitley sprang a surprise that may have serious implications for the privacy of citizens and funding for India’s political parties.

On March 22, he introduced a Finance Bill to enact measures in his recent Union Budget, which had been tabled in Parliament on February 1. Normally, such bills are passed without great ado, but this time legislators in India’s lower house, the Lok Sabha, were in for a rude shock. Jaitley had tacked on 30 pages of amendments – amendments that could affect up to 40 existing Acts, many of them unrelated to taxation, the purported subject of the bill.

The amendments had been introduced, without much discussion – and with a request from the treasury, via the Speaker, to suspend normal proceedings in the house in order to pass them – less than 48 hours before the legislation was taken up for scrutiny. Though
opposition lawmakers did raise objections to certain provisions, the bill was passed, as the ruling Bharatiya Janata Party (BJP) and its allies enjoy an absolute majority.

The bill was later presented before parliament’s upper house, the Rajya Sabha, on March 27, where the BJP is a minority. But Jaitley cleverly circumvented any trouble by introducing it as a Money Bill, meaning it would not require assent from the upper house under Indian law.

One of the most worrying facets of the bill is that it will expand the power of income-tax officials. From now on, they will be able to enter homes and offices in order to conduct search or seizure operations without having to explain their actions, even to the tax tribunal. And they can, without any explanation, investigate a person or a company’s affair’s
going all the way back to 1962.

Previously, Section 132 of the Income Tax Act, 1961, made it mandatory for tax authorities to have “reasons to believe” that someone had undisclosed assets, and/or was unwilling to disclose information the IT department needed, before holding a raid.

The bill also offers political parties something of a windfall. It will allow Indian companies to donate as much money as they like to parties, by removing a cap linked to net profits that has been in force for years. Henceforth, voters won’t know who is funding who: all donations will be anonymous. An earlier requirement that companies officially declare its political contributions has also been erased.

Funding for elections has long been a major factor keeping India’s shadow economy ticking. The expenditure limit for a candidate contesting a seat in the Lok Sabha was, up until now, pegged at Rs 7 million (US$108,000), but actual expenses often surpass that figure by several multiples, thanks to illicit funding. Many believe the amendment will only make such underhand dealings more ubiquitous.

Another amendment gives the government greater power over the functioning, and staffing, of tribunals or quasi-judicial bodies set up to oversee proper functioning of regulators and government agencies.

Critics say this runs counter to the promise of ‘Minimum Government, Maximum Governance’ that the BJP-led National Democratic Alliance coalition promised while campaigning for elections in May 2014, and compromises the independence of such bodies.
 
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I think correct person to comment here is @Nilgiri
The issue isn't a simple case of money donated to political ideology but rather a complex situation where rich business houses actually try to buy influence and achieve some sort of political clout. This is true world over and since policy makers themselves will shoot in their feet if they take moral high ground on the matter, i don't think we will ever have a fair system of political donation and its management.
Maybe EC can put one condition that every party has to declare source of its funding, so that a voter is able to decide what he can expect from a party as far as policy making is concerned in long term.
 
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I think correct person to comment here is @Nilgiri
The issue isn't a simple case of money donated to political ideology but rather a complex situation where rich business houses actually try to buy influence and achieve some sort of political clout. This is true world over and since policy makers themselves will shoot in their feet if they take moral high ground on the matter, i don't think we will ever have a fair system of political donation and its management.
Maybe EC can put one condition that every party has to declare source of its funding, so that a voter is able to decide what he can expect from a party as far as policy making is concerned in long term.

Total rubbish.

If a political party is forced to disclose the name of the industrial house that made the donation, that industrial house will be targeted by the next govt. or party that comes to power.

It is to prevent such blatant misuse of power that anonymity clause was introduced.

Media is free to report any flavors done to for industrial house and public is free to read the media reports and make his own informed choice and decision.

EC has now gone to the ridiculous extend of preventing Astrologers and Tarrot card readers from predicting future election results :lol:

Its one to to prevent exit poll, its quite another to clamp down on astrology and tarrot cards.

The bill also offers political parties something of a windfall. It will allow Indian companies to donate as much money as they like to parties, by removing a cap linked to net profits that has been in force for years. Henceforth, voters won’t know who is funding who: all donations will be anonymous. An earlier requirement that companies officially declare its political contributions has also been erased.

Why should the voter know who is funding the party ? the voter only needs to know if there is any misuse of the law or misuse of power or denial of service to the public for vested interest.

Companies like individuals should be free to donate to anyone who will serve their interest by proper policy, same as the public.
 
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@Stag112 @AMCA @anant_s

Sorry if I am bothering you by tagging.

Is BJP backing out from the policy of transparency in political party funding? Can you please add your thoughts?

This is definitely a somewhat disturbing development if it is the concrete version to be put in force (that remains to be seen given there are still amendments being consulted and added etc).

Basically the fight seems to be completely focused on the black money aspect of it (given these donations by way of effectively special interest groups funded by corporations will still leave a paper trail in the I-T dept.) for the time being.

But there are red flags being put up right now that should if implemented help:

http://www.outlookindia.com/website...-cash-donations-to-parties-at-rs-20-cr/298339

http://indianexpress.com/article/op...ean-political-parties-of-dirty-money-4586625/

Lets see what happens. I am glad this is being discussed now....and pressure should be applied to the govt to have firm caps at the minimum.

I get why they want to go with the anonymous donation route (to smooth and prevent conflict of interest cases in the already backlogged courts...and add to NPA problem etc...and rely on the better bureaucratic performance perception of BJP)....but there definitely has to be a cap put in. Please keep this topic active as required on any updates.

If a political party is forced to disclose the name of the industrial house that made the donation, that industrial house will be targeted by the next govt. or party that comes to power.

Yes this is definitely the main reason for going through this route. There will also be I-T checks (its not like a corporate will be a funnel for other sources of money...so they are limited by their own profit viability)...and the EC recommendations should be looked at for total capping (on party basis) at some appropriate level.
 
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Total rubbish.

If a political party is forced to disclose the name of the industrial house that made the donation, that industrial house will be targeted by the next govt. or party that comes to power.

It is to prevent such blatant misuse of power that anonymity clause was introduced.

Media is free to report any flavors done to for industrial house and public is free to read the media reports and make his own informed choice and decision.

EC has now gone to the ridiculous extend of preventing Astrologers and Tarrot card readers from predicting future election results :lol:

Its one to to prevent exit poll, its quite another to clamp down on astrology and tarrot cards.



Why should the voter know who is funding the party ? the voter only needs to know if there is any misuse of the law or misuse of power or denial of service to the public for vested interest.

Companies like individuals should be free to donate to anyone who will serve their interest by proper policy, same as the public.

Why should private companies even make donations?

If they want to donate, let them donate to EC to conduct the elections. EC can distribute the money proportionately.
 
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This is definitely a somewhat disturbing development if it is the concrete version to be put in force (that remains to be seen given there are still amendments being consulted and added etc).

Basically the fight seems to be completely focused on the black money aspect of it (given these donations by way of effectively special interest groups funded by corporations will still leave a paper trail in the I-T dept.) for the time being.

But there are red flags being put up right now that should if implemented help:

http://www.outlookindia.com/website...-cash-donations-to-parties-at-rs-20-cr/298339

http://indianexpress.com/article/op...ean-political-parties-of-dirty-money-4586625/

Lets see what happens. I am glad this is being discussed now....and pressure should be applied to the govt to have firm caps at the minimum.

I get why they want to go with the anonymous donation route (to smooth and prevent conflict of interest cases in the already backlogged courts...and add to NPA problem etc...and rely on the better bureaucratic performance perception of BJP)....but there definitely has to be a cap put in. Please keep this topic active as required on any updates.



Yes this is definitely the main reason for going through this route. There will also be I-T checks (its not like a corporate will be a funnel for other sources of money...so they are limited by their own profit viability)...and the EC recommendations should be looked at for total capping (on party basis) at some appropriate level.

Why do you insist on a cap ?

Are you saying that govt. knows how to run a company better than their owners and stock holders ?

Why should private companies even make donations?

If they want to donate, let them donate to EC to conduct the elections. EC can distribute the money proportionately.

To ensure that the party with the favorable policy wins the election.

The same reason the public fund political parties.

Who is EC to distribute personal and private funds ? their job is to conduct elections, not play santa clause.
 
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Why do you insist on a cap ?

Are you saying that govt. knows how to run a company better than their owners and stock holders ?



To ensure that the party with the favorable policy wins the election.

The same reason the public fund political parties.

Who is EC to distribute personal and private funds ? their job is to conduct elections, not play santa clause.

Let me wait and see what the final concrete policy looks like. You bring up some good points....and people are overlooking how this stuff will be monitored anyway from the I-T end of it.
 
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Let me wait and see what the final concrete policy looks like. You bring up some good points....and people are overlooking how this stuff will be monitored anyway from the I-T end of it.

We need less governance, not more.

Self regulation is always better than govt. regulation.

Trust the people and companies to take care of their own interest without the govt. telling them how to. Govt. should focus on keeping its own house clean.
 
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To ensure that the party with the favorable policy wins the election.

The same reason the public fund political parties.

Who is EC to distribute personal and private funds ? their job is to conduct elections, not play santa clause.

Which policy is favorable should be decided by the people not by big business companies with money bags.

EC is not Santa clause but EC is the neutral party which could ensure the donations are distributed proportional to the votes polled by each party.

Let's not muddy the issue here. Companies make donations to influence that laws are made to benefit those companies and not the people at large.

Yes. All political donations, both public and private funds should be routed through a neutral autonomous body and distributed proportionally per the votes polled. I suggested EC. If not EC , they could appoint a neutral body made of retired judges.
 
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Which policy is favorable should be decided by the people not by big business companies with money bags.

That is the whole point of election and 1 person 1 vote.


EC is not Santa clause but EC is the neutral party which could ensure the donations are distributed proportional to the votes polled by each party.

LOL ..... so you want EC to have the gift of prophecy ? :lol:

or do you want the EC to distribute the funds AFTER the elections are over ? :cheesy:

Let's not muddy the issue here. Companies make donations to influence that laws are made to benefit those companies and not the people at large.

People support parties that benefit their community too. E.g. Uniform civil code which the Hindus support, while christian clergy and muslims at large oppose.

Democracy is not perfect, its just the best system that has worked so far.

Companies have a right to lobby for their cause. That is their fundamental right and it also serves to educate the law makers and public.

Companies also have a right to fund parties that they think will be better for the market and the economy, parties led by honest men who will not harass them once in power.

Yes. All political donations, both public and private funds should be routed through a neutral autonomous body and distributed proportionally per the votes polled. I suggested EC. If not EC , they could appoint a neutral body made of retired judges.

Rubbish.

No one can/should/would decide how MY money should be spent. I alone will decide that.

You do not like that ? become a communist.
 
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That is the whole point of election and 1 person 1 vote.

Of course but this funding is not about someone having right to vote multiple times but rather to influence policies that are favorable to the company.

For example, Farmers historically have made their own seeds but Politicians allowed companies which sell GMO seeds that does not allow farmers to create their own seeds. Which means Farmers have to go back again and again to buy the seeds. In this example, the votes of the farmers out number the votes of the companies but political parties turn blind eye to the problems of the farmers and resulting suicides and keep continuing with this policy as they are funded and influenced by the big corporate. Here farmers even though are in a majority have no voice and are disfranchised.


or do you want the EC to distribute the funds AFTER the elections are over ? :cheesy:

Do companies make donations before or after the elections? I thought donations for most part are done prior to the elections. Anyway, funds should be distributed as and when are made.

People support parties that benefit their community too. E.g. Uniform civil code which the Hindus support, while christian clergy and muslims at large oppose.

Democracy is not perfect, its just the best system that has worked so far.

Companies have a right to lobby for their cause. That is their fundamental right and it also serves to educate the law makers and public.

Companies also have a right to fund parties that they think will be better for the market and the economy, parties led by honest men who will not harass them once in power.

Where does the constitution say that money power should override majority opinion and in the process practically disfranchise majority of the voters?

Rubbish.

No one can/should/would decide how MY money should be spent. I alone will decide that.

You do not like that ? become a communist.

If so, Let's make the names public and not keep them anonymous. Others also have a right to know which party is being funded by whom before they make a decision on whom to vote for.
 
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Of course but this funding is not about someone having right to vote multiple times but rather to influence policies that are favorable to the company.

For example, Farmers historically have made their own seeds but Politicians allowed companies which sell GMO seeds that does not allow farmers to create their own seeds. Which means Farmers have to go back again and again to buy the seeds. In this example, the votes of the farmers out number the votes of the companies but political parties turn blind eye to the problems of the farmers and resulting suicides and keep continuing with this policy as they are funded and influenced by the big corporate. Here farmers even though are in a majority have no voice and are disfranchised.

There are policies that are favorable to the company AND to the public. Then there are policies that are favorable to the company but Against public interest.

One cannot throw out the baby with the bath water.

A Vigilant media and good parliamentary practices like debate in the house, and citizens movements is the natural response to corruption and resulting in the corrupt party getting voting out and wrong policies reversed.

Farmers are free not to purchase genetically modified seeds. They choose those seeds because they give better results and greater profits. When they see that those seeds are not profitable they will dump it and go with someone else.

Do companies make donations before or after the elections? I thought donations for most part are done prior to the elections. Anyway, funds should be distributed as and when are made.
Donations are made Before elections.

How can someone else decide how my money should be spent ? Its foolish to force me to give my money to the CONgress or to the Communists.

Where does the constitution say that money power should override majority opinion and in the process practically disfranchise majority of the voters?

The whole reason why democracy works is that money always accumulates with the few, but votes are with the majority. That is how the balance is maintained.

So unless you are claiming the majority are stupid and cannot be trusted to make the right decision, democracy works.

If so, Let's make the names public and not keep them anonymous. Others also have a right to know which party is being funded by whom before they make a decision on whom to vote for.

Only in an ideal world.

In the real world, the company who donated to BJP will be targeted by the CONgress whenever it comes to power. TMC will target those companies etc.

The only way they can safely make the donation is when their donations are not listed in the public domain.

Public votes on the basis of policies and public stand taken by parties, not on the basis of who made the donation. If that was the case CONgress would never have come to power since Birla, Bajaj, Reliance and Tata's have always funded them.

In any case, if a company wshes to buy off a politician, they will never fund the political party. They will directly bribe the politician and transfer fund into this offshore account or through some other legal sleigh of hand.
 
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