Syllabus
GS Paper 2 – Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.
GS Paper 4 – Probity in Governance: Concept of public service; Philosophical basis of governance and probity; Information sharing and transparency in government, Right to Information, Codes of Ethics, Codes of Conduct, Citizen’s Charters, Work culture, Quality of service delivery, Utilization of public funds, challenges of corruption.
Context
Lok Sabha Speaker has directed a complaint of “cash-for-query” lodged by one MP against another MP to be reviewed by the Lok Sabha Ethics Committee.
Source
The Hindu | Editorial dated 01 November 2023
Application: where to apply?
When asked about
– Moral and Ethical conduct of members of Parliament
– Ethics & Transparency Reforms in Lok Sabha
– Parliamentary Committees
– Conduct of business, powers & privileges and issues
Content
What is the complaint?
- A senior BJP MP lodged a complaint with the Speaker alleging that TMC MP Ms. Moitra had received money from a businessman for putting questions up in Parliament with a view to promoting the person’s business interests.
What is the issue with the Speaker’s decision?
- Any Member of Parliament (MP) found accepting payment for raising questions in Parliament is in breach of privilege and is in contempt of the House.
- Allegations of this nature are consistently directed to the Committee of Privileges for investigation.
- Following a comprehensive investigation, the committee presents its findings and proposes actions against the implicated MP in a report.
- If a case involving illegal gratification for conducting parliamentary work is proven, the MP may even be expelled from the House.
Instances before:
- Case of H.G. Mudgal: Breach of Parliamentary Standards:
- Back in 1951, H.G. Mudgal, a member of the Provisional Parliament, was found guilty of helping a business group in return for money. He did this by asking questions and changing a bill that affected that business.
- A special group in the House said his actions were disrespectful and didn’t meet the standards expected of Parliament members. Before he could be expelled, Mudgal decided to resign as suggested by the House.
- Parliamentary Scandal: MPs Expelled for Taking Money for Questions:
- In 2005, a TV sting showed 10 Lok Sabha Members taking money to ask questions in Parliament. A special group investigated and found them guilty of improper behavior.
- They suggested expelling them out of the House, and the House agreed.
- Following an investigation into the matter by its Ethics Committee, Rajya Sabha also expelled 1 MP.
- In 2007, the expulsion was upheld by the Supreme Court, which said in the Raja Ram Pal Ram Pal v/s The Hon’Ble Speaker case, that the power of expulsion was part of the privileges and immunities of Parliament.
Inference from these instances: Thus, complaints of MPs accepting money for parliamentary work are referred to the privileges committee or special committees appointed by the House for that purpose.
- However, this case has been referred to the Ethics committee although the allegation is about illegal gratification for doing parliamentary work.
How does Ethics Committee overlap with Privileges Committee?
| Aspect | Ethics Committee | Privileges Committee |
| Type of Allegations | Handles cases of misconduct involving MPs. | Generally addresses more serious allegations, particularly those related to corruption or serious breaches, often involving both MPs and non-MPs. |
| Mandate | Focuses on examining complaints related to “unethical conduct” of MPs, recommending actions, and forming a code of conduct for MPs. | Aims to safeguard the freedom, authority, and dignity of Parliament, including both individual Members and the House as a whole. |
| Scope of Examination | Exclusive to cases involving MPs. | Explores actions that threaten the authority and dignity of the House, examining both MPs and non-MPs. |
| Establishment | Formed in 2000. | Exists as an established body for a longer duration, functioning in the interest of parliamentary privileges. |
Which type of conduct can be called unethical?
Instances such as an MP took his close female companion along with him on a parliamentary tour, personating her as his wife, misuse of the car parking label, an MP took along a woman and a boy on a foreign tour using the passports of his wife and son.
Concerns with Ethical Committee:
- Ambiguity in Defining Unethical Conduct: 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.
- Case Duration Determination: The duration taken by a Committee is contingent upon the complexity of the case.
- Restriction on Referral: The Committee lacks the authority to refer cases to investigative agencies such as the CBI or Police.
- Absence of Executive Authority: The Committee lacks executive powers, unable to directly penalize a Member. It can, however, propose the suspension of a Member for a specific period.
- House Decision-Making: Recommendations made by the Committee are presented before the House, which holds the power to accept or reject the suggestions and decide on the appropriate punishment.
What can be the way forward?
- Declaration of Members’ Interests: Rajya Sabha members are required to disclose personal, pecuniary, or conflicting interests to promote transparency and accountability.
- Ministerial Code of Ethics: The Second Administrative Reforms Commission suggested a supplementary Code of Ethics for Ministers to uphold constitutional and ethical standards alongside the existing Code of Conduct.
- Establishment of Oversight Units: Offices of the Prime Minister and Chief Ministers should create units to oversee adherence to ethical and conduct codes, managing public complaints.
- Leadership Responsibility: Prime Ministers and Chief Ministers are responsible for ensuring Minister compliance with the Code of Ethics and Conduct.
- Annual Report Submission: A yearly report detailing adherence to these codes, including violations and corresponding actions taken, should be presented to the legislature.
- Guidelines for Minister-Civil Servant Relations: The Code of Ethics is recommended to encompass principles governing Minister-civil servant relationships.
- Public Disclosure: The Code of Ethics, Code of Conduct, and the annual report should be made accessible to the public.
Conclusion
The Ethics Committee holds a vital position in maintaining the ethical behaviours of parliament members, ensuring their actions resonate with the core values of the Indian Parliament. It operates within the larger spectrum of parliamentary committees in India, serving diverse functions within the legislative procedure.
Additional Information
About Ethics Committee:
- Evolution –
- Vohra committee report, submitted in 1995, highlighted the evident interconnections between criminal gangs, law enforcement, administrative officials, and politicians across different regions of the country.
- A Presiding Officers’ Conference held in Delhi in 1996 first mooted the idea of ethics panels for the two Houses.
- Then Vice President (and Rajya Sabha Chairman) K R Narayanan constituted the Ethics Committee of the Upper House in March 1997 to oversee the moral and ethical conduct of members and examine cases of misconduct referred to it.
- In the case of Lok Sabha, a study group of the House Committee of Privileges recommended the constitution of an Ethics Committee, but it could not be taken up by Lok Sabha.
- The establishment of an Ethics Committee was finally proposed by the Committee of Privileges in the 13th Lok Sabha.
- The former Speaker, G M C Balayogi, established ad hoc Ethics Committee in 2000, which later evolved into a permanent entity within the House in 2015.
- The Rules applicable to the Committee of Privileges also apply to the ethics panel.
- Procedure for complaints –
- Any person can complain against a Member through another Lok Sabha MP, along with evidence of the alleged misconduct, and an affidavit stating that the complaint is not “false, frivolous, or vexatious”.
- If the Member himself complains, the affidavit is not needed.
- The Speaker can refer to the Committee any complaint against an MP.
- The Committee does not consider complaints solely based on media coverage or matters that are under legal consideration.
- The Committee conducts a prima facie inquiry to assess the validity of a complaint before proceeding with a thorough evaluation, ultimately formulating recommendations based on this assessment.
Reference:
What happens now in Mahua Moitra cash-for-query case: process, precedent
Ethics, parliamentary conduct and the Indian MP
Previous Year Question
To what extent, in your view, the Parliament is able to ensure accountability of the executive in India?
[GS Paper 2, UPSC Civil Services Exam – 2021 Mains]
Practice Question
Examine the significance of parliamentary committees in a parliamentary system, highlighting their role in scrutinizing government actions, promoting transparency, and fortifying democratic processes. (Answer in 250 words)