Lobbying has been one of the most scandalous activities in many modern democracies around

the world, India being no exception. More about communication rather than venality (being
open to bribery), lobbying is considered by many to be a necessary evil as a result of its direct
association with matters relating to the governance and functioning of the State. A trustworthy,
fair and knowledgeable lobbyist is both effective and highly regarded by their clientele. The job
of a lobbyist is to furnish information, specifically pertaining to policy-related issues, to
politicians, elected members of the parliament or legislature, and other government officials and
to make an attempt for influencing their actions and decisions to suit their interests. Lobbying is
primarily undertaken by distinct groups and agencies such as corporations, associations,
advocacy groups and intellectuals.

Is it same as bribery?
Many equate lobbying with bribery. In countries where it is legal, critics term lobbying as
‘legalised bribery’. However, there is a clear distinction between the two which has been
discussed henceforth:
● Majorly, the intent behind bribery is the circumvention of an existing statute or law,
whereas lobbying is targeted towards changing a law existing or scheduled to be
presented in the Parliament.
● The laws of any country tend to have an effect on all its citizens. This premise legitimises
lobbying over bribery per se as unlike lobbyists, bribers expect exclusively special
treatment for themselves in exchange of goodies or cash transactions.
● The power that is vested in the hands of the lobbyist is far more than what a briber
possesses.
● Talking on the basis of various researches that have been carried out, it can be adjudged
that while lobbying is more popular in the developed world, the ill of bribery, which is a
part of a wider nexus of corruption, is more prevalent in the developing countries with
wide economic disparities.

Types of lobbying:
There are two main categories of lobbying that are undertaken or are known of. These have
been described below:

● Direct lobbying: This is the most widely known form of lobbying in which the person who
is directly involved in the process of legislation or governance is contacted and provided
with the relevant information related to policy issues or other concerned interests. When
lobbyists directly furnish the information to parliamentarians, government officials or their
staff, then they undertake direct lobbying.
● Grassroots Lobbying: Grassroots lobbying is more political in nature and is specifically
famous in countries like India and other democracies around the globe where this kind of
lobbying helps the citizens get a clearer picture and understanding of the laws being
passed in the legislature and their implications on their lives. It essentially includes
large-scale mobilization of the public and citizens around any legislative issue.
Grassroots lobbyists influence and ask the general public to contact their legislators and
the other officials regarding such issues. The difference between direct and grassroots
 lobbying is that in the case of the latter, it is not the lobbyist but the common citizens or
groups that meet the government officials and parliamentarians.

Lobbying around the world:

Lobbying is prevalent in some form or the other in different countries around the world but still
goes on unregulated by a suitable legal framework despite its impact on the prudent legislative
process of the State. Only around one-third of the Organization of Economic Cooperation and
Development (OECD) countries have laws governing lobbying, while countries like the United
States of America, Taiwan, the United Kingdom, Australia, Canada, Germany, Israel, Poland,
Hungary, Slovenia and Lithuania have a regulatory system governing lobbying and have
legitimised the process by its legalisation.

USA:
The United States of America, where there exists a separate industry engaged in influencing
policy making and advocacy issues, has one of the largest and is the most blooming space for
lobbying communities in the world. Corporate lobbying has got an important status and is well
protected by the legal framework of the country. Lobbying is also sanctioned by the American
Constitution with rights vested to ordinary citizens as well to lobby for their causes and
demands. This has facilitated several public lobbyists to take up the issues that concern citizens
and thus there is a sentiment of working towards the amelioration of the problems faced by the
common people through lobbying.

Due to the federal nature of the country, rules surrounding lobbying are complex since they vary
from state to state. However, the Lobbying Disclosure Act of 1995 is one of the most important
statutes governing the process. This Act requires the lobbyists to get themselves registered with
the Secy of the Senate and the Clerk of the House of Representatives, disclose all the
information regarding themselves and their client’s transactions as well as details of any
financial contributions of more than USD 10000 for lobbying activities in whole or in part and
also convey to them the details of the involvement of any foreign entities in the agreement. The
subsequent Honest Leadership and Open Government Act of 2007 is also patterned on these
lines.

Despite the Constitutional safeguard, in practicality, there has been a rise in crony capitalism in
the USA with corporations having a major stake and influence over the legislators resulting in
pro-corporate laws around the country. This is a pernicious side effect of this process which is
also seen by many to be a significant step towards the erosion of democratic institutions of that
state.

Lobbying in India:
While in the American and European world, there is a clear legal legitimisation of the profession
of lobbying, India, despite being an active recipient of the effects of this industry has seemingly
kept the issue of adopting a legal framework to address the nuances of lobbying at a bay as it
best suits the purpose of many to keep it restricted to the grey zone. In fact, looking at the
ground reality of India, it is simpler to parallel lobbying with bribery here due to the majority
opinion of a necessary engagement in corruption for getting one’s work done through the
governmental mechanism.

Unlike democracies like the USA and nations like the UK, Australia and others, there are no
laws sanctioning the legitimacy of lobbying as a respectable profession in the country. However,
by no means does this imply that the industry is not present in the world’s largest democracy.
Since years, lobbying has been perceived as an instrument for industry organizations,
corporations and pressure groups to have an engagement and dialogue with the government
ahead of the announcement of the National Budget in every financial year.

Institutions like the Federation of Indian Chambers of Commerce and Industry (FICCI), the
Associated Chambers of Commerce in India (ASSOCHAM) and the Confederation of Indian
Industry (CII) have worked since decades to assist their members through influencing pivotal
decisions and policy issues. These discussions do not take place in secretive places but in
government offices where professionals try to convince the leaders for adopting a policy
suggested by them and how it positively affects a larger group of people. This is also beneficial
for the government as they get an idea about public sentiment through these lobbyists.

Another negative aspect of the absence of any regulatory mechanism around lobbying in India
is that currently, several foreign and local firms operate as corporate lobbyists and are largely
unchecked since there is no definitive scope in the law with regards to what constitutes
lobbying. Thus, there is a clear absence of free and transparent procedural structure making
lobbying an unethical practice in the country.

It is beneficial to have separate laws for lobbying in India as:

● It will make this industry public and transparent, thus also holding it accountable to the
people. Similar to Western laws, legalisation of lobbying can lead to the compulsory
disclosure of all the investments and expenditure in lobbying activities by these
agencies.
● The data procured from such disclosures can be used for research and analytical
purposes of studying evolution or rather, the course of any legislation from its drafting to
becoming a law.
● Lastly, legalising this practice will authenticate and legitimise lobbying which is an
intrinsic part of law and policy-making, as it is not possible for a legislator to possess the
requisite acumen and knowledge regarding all issues concerning governance and
welfare of the citizens.