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Contents
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Introduction
Recently, Lok Sabha Ethics Committee has initiated investigation over ‘Cash for Query’ allegations against a Member of Parliament (MP) accused of accepting bribes to ask questions in Parliament.
What is Lok Sabha Ethics Committee ?
About Lok Sabha Ethics Committee
(1) Each of the two Houses of Parliament has an ethics committee. The ethics committee in Lok Sabha has 15 members. The ethics committee in Rajya Sabha has 10 members.
(2) The members of the Lok Sabha Ethics Committee are appointed by the Speaker for a period of one year.
History of Evolution of Ethics Committees
| 1996 | In 1996, Presiding Officer’s Conference held in Delhi first mooted the idea of ethics panels for the two Houses (Lok Sabha and Rajya Sabha). |
| 1997 | On 4th March 1997, the Vice President (and Rajya Sabha Chairman) K R Narayanan constituted the Ethics Committee of the Rajya Sabha to oversee the moral and ethical conduct of members and examine cases of misconduct referred to it. |
| 2000 | In 2000, an ad hoc Ethics Committee of Lok Sabha was constituted by the late speaker G.M.C. Balyogi on the recommendations of the Committee of Privileges. |
| 2015 | In 2015, the Lok Sabha Ethics committee became a permanent Committee. |
Functions of Lok Sabha Ethics Committees
(1) Lok Sabha Ethics Committee oversees the moral and ethical conduct of the members.
(2) Lok Sabha Ethics committee prepares a Code of Conduct for members, which are amended from time to time.
(3) Lok Sabha Ethics Committee examines every complaint relating to unethical conduct of a member of Lok Sabha referred to it by the Speaker and make such recommendations as it may deem fit
Procedure for handling of complaints by the Lok Sabha Ethics committee
| Complaint’s Origin | (1) The complaint against Lok Sabha MP can be initiated by another Lok Sabha MP only. (2) However, any person can complain against any Lok Sabha MP. But this complaint can be submitted by only a Lok Sabha MP, along with evidence of the alleged misconduct, and an affidavit stating that the complaint is not “false, frivolous, or vexatious”. (3) If the Lok Sabha MP himself complains, the affidavit is not needed. |
| Speaker’s Role | (1) The Speaker of the Lok Sabha can refer to the Committee any complaint of unethical behaviour against an MP. (2) The Committee does not entertain complaints based only on media reports or on matters that are sub-judice. |
| Prima Facie Inquiry and Report presentation | (1) The Committee makes a Prima Facie inquiry before deciding to examine a complaint. (2) The committee makes its recommendations after evaluating the complaint. (3) The Committee presents its report to the Speaker, who asks the House if the report should be taken up for consideration. There is also a provision for a half-hour discussion on the report. |
What actions can be taken by the committee
(1) If the Ethics Committee finds merit in the complaint, it can make recommendations. The potential punishment it can recommend typically involves Suspension of the MP for a specified period.
(2) The House, which includes all MPs, ultimately decide whether to accept the committee’s recommendation and determine the nature and extent of the punishment, if any.
| Previous Case of recommendation of suspension by the ethics committee “2005 Cash for query case”- In 2005, the two Houses adopted motions to expel 10 Lok Sabha MPs and one Rajya Sabha MP who were accused of agreeing to ask questions in Parliament for money. In Rajya Sabha, the complaint was examined by the House Ethics Committee which recommended suspension. However, the motion in Lok Sabha was based on the Bansal Committee’s report, a special committee set up by the Speaker to examine the issue. The expelled MPs, demanded that the Bansal Committee’s report be sent to the Privileges Committee, so that the parliamentarians could defend themselves. |
Difference between Ethics Committee and Privileges Committee
(1) The work of the Ethics Committee and the Privileges Committee often overlap. An allegation of corruption against an MP can be sent to either body, but usually more serious accusations go to the Privileges Committee.
(2) The Ethics Committee can take up only cases of misconduct that involve MPs. The privilege committee can interrogate a non-MP also for actions that attack the authority and dignity of the House.
What is the significance of Lok Sabha Ethics Committee ?
Advice and Guidance- The committee helps Members of Parliament understand and abide by the code of conduct required of them as elected officials by offering them advice and guidance on ethical issues.
Investigation and Decision-Making- In cases where unethical conduct is established, the committee can recommend appropriate action or sanctions against the erring MPs, including suspension or expulsion from the Lok Sabha. This helps in ensuring that ethical decisions are taken by the MPs.
‘Code of Conduct’ as a guide map for the MPs- The ‘code of conduct’ devised by the committees provides clarity to the ‘MPs in their conduct’ to uphold the ‘principle of transparency’ and ‘clarity and consistency’.
What are the issues associated with the functioning of the Lok Sabha Ethics Committees?
(1) Issues with the functioning of Ethics Committee- The term ‘unethical conduct’ has not been defined anywhere. It is left entirely to discretion of the committee to examine a particular act of conduct as ethical or unethical.
(2) Evolution of Ethical Standards- Ethical standards often evolve with time and a rigid view of these ethical standards by the Lok Sabha Ethics committee, limits the ability of the MP to adapt to changing norms and expectations.
(3) Referring the graft cases to the Ethics Committee instead of the Privileges Committee/Special committees- 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. Ex- Bansal Committee on the “cash for query case 2005”. However, the present case of “cash for query” has been referred to the ethics committee. There are chances of partisanship in the investigation.
| Read More- On cash for query case – Ethics, parliamentary conduct and the Indian MP |
Conclusion
The committee’s role in interpreting and applying ethical standards, while taking into account the evolving nature of ethics, is crucial to maintaining the integrity of parliamentary proceedings and the conduct of MPs. The committee can use a variety of techniques, such as seminars and workshops, to increase MPs’ understanding of moral principles and encourage moral behaviour.
| Read More- The Indian Express UPSC Syllabus- GS Paper 2 Indian Polity – Parliament—structure, functioning, conduct of business, powers & privileges and issues arising out of these. |
