Parliament – Sessions, Procedures, Motions, Committees etc

LS Ethics Committee: Its’ Constitution, Members

Note4Students

From UPSC perspective, the following things are important :

Prelims level: Lok Sabha Ethics Committee

Mains level: Various parliamentary committees

Central Idea

  • The Lok Sabha Ethics Committee, set up over two decades ago, plays a pivotal role in overseeing the conduct of members and addressing cases of misconduct.
  • While it predominantly handles relatively minor offenses, its significance in maintaining ethical standards in Parliament cannot be understated.

History of Ethics Committees

  • Origin in 1996: The concept of ethics panels for the two Houses of Parliament was first proposed during a Presiding Officers’ Conference in Delhi in 1996.
  • Rajya Sabha’s Pioneering Committee: Vice President K R Narayanan, who served as Rajya Sabha Chairman, established the Ethics Committee for the Upper House on March 4, 1997. It officially commenced its duties in May of the same year.
  • Lok Sabha’s Journey: Lok Sabha’s Ethics Committee journey was delayed initially. A study group within the House Committee of Privileges recommended its formation in 1997 after studying legislative ethics practices worldwide. However, it only became a permanent fixture in the Lok Sabha in 2015, following its ad hoc establishment in 2000.

Procedure for Complaints

  • Complaint Origins: Any person can file a complaint against a Member of Parliament (MP) through another Lok Sabha MP. The complaint must be accompanied by evidence of alleged misconduct and an affidavit confirming its authenticity. MPs can also lodge complaints without the need for an affidavit.
  • Speaker’s Role: The Speaker can refer any complaint against an MP to the Ethics Committee.
  • Prima Facie Inquiry: The Committee conducts a preliminary inquiry to determine if a complaint warrants further examination. It proceeds to evaluate and make recommendations after this stage.
  • Report Presentation: The Committee presents its findings to the Speaker, who seeks the House’s input on whether to consider the report. A half-hour discussion on the report can also be scheduled.

Privileges Committee Comparison

  • Overlapping Responsibilities: The Ethics Committee and the Privileges Committee occasionally deal with similar cases. More serious allegations typically go to the Privileges Committee.
  • Privileges Committee’s Mandate: The Privileges Committee safeguards the “freedom, authority, and dignity of Parliament.” It can address breaches of privilege by MPs or non-MPs that undermine the House’s authority and dignity.
  • Ethics Committee’s Scope: The Ethics Committee primarily focuses on cases of misconduct involving MPs.

2005 Cash-for-Query Case

  • Expulsion of MPs: In 2005, a significant episode unfolded when both Houses expelled 10 Lok Sabha MPs and one Rajya Sabha MP implicated in the cash-for-query scandal. They were accused of accepting money to raise questions in Parliament.
  • Bansal Committee’s Report: The Lok Sabha took action based on the report of a special committee led by Chandigarh MP P K Bansal. In contrast, Rajya Sabha entrusted the House Ethics Committee with investigating the matter.
  • Evidence in the 2005 Case: Former Lok Sabha Secretary General P D T Achary noted that the 2005 case was backed by substantial evidence from a sting operation. Establishing a money trail could be the challenge in the recent Bengal MP case.

Conclusion

  • The Lok Sabha Ethics Committee, although historically ad hoc and relatively recent in its permanent establishment, plays a critical role in upholding the ethical standards of India’s parliamentary members.
  • It serves as a guardian of parliamentary ethics, ensuring that members adhere to the highest moral standards while fulfilling their legislative responsibilities.
  • The Committee’s work, while often overshadowed, is integral to maintaining the integrity of the Lok Sabha.

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