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Contents
Source: This post on cash for query case has been created based on the article “Ethics, parliamentary conduct and the Indian MP” published in The Hindu on 1st November 2023.
UPSC Syllabus Topic: GS Paper 2 Indian Polity – Parliament—structure, functioning, conduct of business, powers & privileges and issues arising out of these.
News: This article discusses the recent allegation of taking money for putting up questions in Parliament by a Lok Sabha MP. It also highlights the issues with the procedure followed in this case.
Recently, a complaint was lodged with the Lok Sabha Speaker alleging that an MP had received money from a businessman for putting questions up in Parliament with a view to promoting the person’s business interests.
The Speaker in turn referred the complaint to the Ethics Committee for examination. The committee’s proceedings have resulted in much public debate.
A detailed article on Questions in Parliament can be read here.
What is the Lok Sabha Ethics Committee?
Read in detail about the Lok Sabha Ethics Committee here
What is the procedure followed in the case of an MP taking money for putting up questions in Parliament?
If an MP takes money for putting questions up in Parliament, they will be guilty of breach of privilege and contempt of the House.
Such complaints are usually referred to the Committee of Privileges for investigation. The committee submits its findings in a report along with the recommendation for action against the MP.
If a case involving illegal gratification for conducting parliamentary work is proven, the MP may even be expelled from the House.
What are the various issues in this case?
1) Referring to the Ethics Committee instead of the Privileges Committee: Complaints of MPs accepting money for parliamentary work are usually referred to the privileges committee or special committees appointed by the House for that purpose.
2) Lack of rules and regulations regarding submission of questions: The Lok Sabha has not framed any rules to regulate the online submission of questions.
3) Freedom of speech under Parliamentary Privileges: Article 105 of the Constitution gives the freedom to say “anything” in the House. This right can be extended to using any source for information for putting questions up. Therefore, an investigation into the sources of information of an MP may not have legal sanction.
4) Issues with the Ethics Committee’s functioning: The term ‘unethical conduct’ has not been defined anywhere. It is left entirely to the committee to examine a particular act of conduct and decide whether it is unethical or not.
How does a parliamentary probe differ from a judicial probe?
The differences between the two include:
| Judicial probe | Parliamentary probe |
| 1) A judicial probe is conducted by judicially trained persons. 2) A judicial body probes a matter as in the statutes. 3) The rules of evidence under the Indian Evidence Act are applicable to a judicial probe.
| 1) Parliamentary committees consist of Members of Parliament who are not experts. 2) Parliament does the investigative work through its committees which function under the Rules of the House. 3) The Indian Evidence Act is not applicable to a probe by a parliamentary committee. The question of the relevance of the evidence is finally decided by the Speaker. |
Question for practice:
What is the parliamentary procedure followed in case of a breach of privilege? How is it different from a judicial probe?
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