Lobbying in India is not illegal in India but is sometimes equated with corruption. However, there is a difference between lobbying and corruption. For example, Civil Services (Conduct) Rules clearly define the acceptable conduct for the civil servants including the monetary value of the gifts they can accept without and with reporting to the government. In order to clarify the difference betwen the two in practice, rationalization of Civil services (conduct) Rules should accompany a legislation to rgulate lobbying.
Lobbying in India is not a new phenomenon. Organizations like MKSS and Green Peace have a history of lobbying for RTI and environment related laws. Lobbying allows the citizens and interest groups to have 'voice' and allows for functional 'participatory democracy'.
The regulation of lobbying by the government will have its pros and cons defined by the type of legislation adopted.
Pros.
1. On one hand, registered lobbying groups may result in 'open lobbying' which means greater transparency by allowing for public scrutiny of suggestions
of interest groups and their own funding.
2. It is often said that bargaining power of interest groups also define the benefits that they get from lobbying. Better organized and better funded groups with limited objectives are generally more successful. Regulation would allow yet un organized and yet un recognized interest groups to form, for example from civil society and participate in a more democratic and open lobbying.
3. It may as well prove an alternative to political agitations by improving G2C and C2G interaction.
1. On one hand, registered lobbying groups may result in 'open lobbying' which means greater transparency by allowing for public scrutiny of suggestions
of interest groups and their own funding.
2. It is often said that bargaining power of interest groups also define the benefits that they get from lobbying. Better organized and better funded groups with limited objectives are generally more successful. Regulation would allow yet un organized and yet un recognized interest groups to form, for example from civil society and participate in a more democratic and open lobbying.
3. It may as well prove an alternative to political agitations by improving G2C and C2G interaction.
Cons.
1. The regulatory body specified in the legislation thereof, if not independent,
may restrict the registration of lobbying groups that do not align
themselves to the mainstream ideologies while curbing their freedom of speech and expression.
2. The regulatory checks may introduce bureaucratic hurdles that would make lobbying a job only for professional lobbyists.
Ans2:
1. The regulatory body specified in the legislation thereof, if not independent,
may restrict the registration of lobbying groups that do not align
themselves to the mainstream ideologies while curbing their freedom of speech and expression.
2. The regulatory checks may introduce bureaucratic hurdles that would make lobbying a job only for professional lobbyists.
Ans2:
Lobbying per se in not illegal in India but it is not recognised or regulated by any legislation like in the US. Various interests groups such as corporate bodies like FICCI, CII, NGOs and media like Amir khan's Satya Mev Jayate do lobby the government. There is nothing wrong with petitioning the government to take up issues but it is important that it is done in a transparent and fair manner and is not detrimental to the cause of inclusive development and the rights of the poor.
The debate centres around the ethical and unethical practices around lobbying. In other words, using bribes, blackmail, paid news and media content and rigging surveys and research etc. are unethical practices which currently prevail. So, some of the merits of registered lobbying could be:
-Open and registered lobbying could ensure that no unethical considerations are made to influence policy making.
- By legally defining lobbying and national interest, NGOs accused of anti national activities could then openly engage in their mandated activities
- This would also bring in more transparency and accountability of the stakeholders and check conflict of interest
- ad hoc and arbitrary policy making could benefit from information provided by various lobby groups resulting in informed policy making and thus help cut down on litigation and agitations
-would give India more favourable image abroad
- By legally defining lobbying and national interest, NGOs accused of anti national activities could then openly engage in their mandated activities
- This would also bring in more transparency and accountability of the stakeholders and check conflict of interest
- ad hoc and arbitrary policy making could benefit from information provided by various lobby groups resulting in informed policy making and thus help cut down on litigation and agitations
-would give India more favourable image abroad
Demerits
- Some argue that registered lobbying could lead to increase in corruption as it is going to be increasingly difficult to differentiate between lobbying and bribery. For instance quid pro quo is going to be difficult to establish.
-Unrepresented groups could be left out and suffer as a consequence.
-The powerful corporate lobbies could hijack the policy making agenda and the less articulate citizens could be made the scapegoats
- Some argue that registered lobbying could lead to increase in corruption as it is going to be increasingly difficult to differentiate between lobbying and bribery. For instance quid pro quo is going to be difficult to establish.
-Unrepresented groups could be left out and suffer as a consequence.
-The powerful corporate lobbies could hijack the policy making agenda and the less articulate citizens could be made the scapegoats
India herself spends millions of dollars lobbying the US government and other interest groups and benefits from it. So registered lobbying may not solve all of our issues of fixing accountability but its absence has led to an increasing suspicion of civil society in India.
Ans3:
Ans3:
Interest groups or pressure groups use lobbying as a tool to
represent their concerns to the government by gaining access to power corridors
in the government.Industry bodies like FICCI and CII often lobby to put forward
their ideas and suggestions in preparing key government policies related to
reforms, particularly the general budget.Ministries have consultative groups to
welcome opinion and create a consensus among stakeholders of public
services.Interest groups from the Civil Society like the peasant groups,trade
unions, student unions also have an opportunity to channelise their concerns
since most of them are politically controlled.Interest groups,in the past were
able to successfully initiate dialogue on issues concerning public interest and
manged to shape policies.A striking example being the Janlokpal Movement by
India Against Corruption in making a law regarding the appointment of an
independent ombudsmen to investigate issues related to graft.In the light of
the recent crackdown on NGOs by government, there's a suggestion of making
registered lobbying legal in India,the positive outcomes of implementing such a
decision could be:
represent their concerns to the government by gaining access to power corridors
in the government.Industry bodies like FICCI and CII often lobby to put forward
their ideas and suggestions in preparing key government policies related to
reforms, particularly the general budget.Ministries have consultative groups to
welcome opinion and create a consensus among stakeholders of public
services.Interest groups from the Civil Society like the peasant groups,trade
unions, student unions also have an opportunity to channelise their concerns
since most of them are politically controlled.Interest groups,in the past were
able to successfully initiate dialogue on issues concerning public interest and
manged to shape policies.A striking example being the Janlokpal Movement by
India Against Corruption in making a law regarding the appointment of an
independent ombudsmen to investigate issues related to graft.In the light of
the recent crackdown on NGOs by government, there's a suggestion of making
registered lobbying legal in India,the positive outcomes of implementing such a
decision could be:
1.Lesser number of public protests leading to lesser
disruptions
disruptions
2.Lobbyists could be able to bring a broad consensus among
the stakeholders by bringing the issues directly to table.This will also help
the stakeholders to understand the intentions of the government better.
the stakeholders by bringing the issues directly to table.This will also help
the stakeholders to understand the intentions of the government better.
3.Could avoid the blanket decisions on apolitical groups
that are working outside the issues creating distrust between the government
and the civil society.
that are working outside the issues creating distrust between the government
and the civil society.
4.Could complement the government in making laws through a
representation to the parliamentary committees and consultative groups.
representation to the parliamentary committees and consultative groups.
On the flipside, the decision could hurt the public service
delivery in the following ways:
delivery in the following ways:
1.A third of India's population is poor and the influence of
powerful groups could easily overpower the decision making.
powerful groups could easily overpower the decision making.
2.Conflict of interest is one of the biggest culprits causing
corruption in India that goes unnoticed.A recent example of issues of conflict
of interest in the Parliamentary committee looking into tobacco sale in India
clearly shows that powerful business groups and political lobbies further their
interests through government decisions.
corruption in India that goes unnoticed.A recent example of issues of conflict
of interest in the Parliamentary committee looking into tobacco sale in India
clearly shows that powerful business groups and political lobbies further their
interests through government decisions.
3.A significant number of the population lack awareness and
money power to represent their concerns to the government. Legalizing lobbying
could ignore their concerns completely and leave them out of the policy making
proces
Government should take a steady approach towards such
suggestions.Looking at our institutional set up, it is important the public
institutions are made transparent and accountable to avoid any coercion between the stakeholders in decisions related
to public interest.Lobbying might not be the only necessary remedy.
money power to represent their concerns to the government. Legalizing lobbying
could ignore their concerns completely and leave them out of the policy making
proces
Government should take a steady approach towards such
suggestions.Looking at our institutional set up, it is important the public
institutions are made transparent and accountable to avoid any coercion between the stakeholders in decisions related
to public interest.Lobbying might not be the only necessary remedy.
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