The Evolving Significance and Function of Ethics Committees

The Lok Sabha Ethics Committee plays a vital role in maintaining the moral and ethical conduct of members of the Indian Parliament. Established as an ad hoc entity over two decades ago, this committee has been responsible for addressing complaints against members for a range of ethical offenses. In this article, we will delve into the history, constitution, and members of the Lok Sabha Ethics Committee, as well as its role in preserving the integrity of the Indian legislative process.

The formation of the Lok Sabha Ethics Committee

The Lok Sabha Ethics Committee, tasked with ensuring the ethical behavior of its members, had its roots in discussions that took place during a Presiding Officers’ Conference in Delhi in 1996. It was during this conference that the idea of ethics panels for both Houses of Parliament was first introduced. However, it was not until several years later that concrete steps were taken to establish these committees.

The Upper House, the Rajya Sabha, was the first to take action in this regard. Vice President K. R. Narayanan, who also served as the Chairman of the Rajya Sabha, constituted the Ethics Committee of the Rajya Sabha on March 4, 1997. The committee was inaugurated in May of the same year and was given the responsibility to oversee the moral and ethical conduct of members as well as examine cases of misconduct referred to it. Rules that apply to the Committee of Privileges were also made applicable to the Ethics Committee.

In the case of Lok Sabha, the journey towards establishing an Ethics Committee took more time. After a study group from the House Committee of Privileges visited countries like Australia, the UK, and the US in 1997 to understand best practices related to the conduct and ethics of legislators, the need for an Ethics Committee was recommended. However, it was not until the 13th Lok Sabha that the Committee of Privileges finally proposed the constitution of an Ethics Committee. The late Speaker of the Lok Sabha, G. M. C. Balayogi, took the initiative to constitute an ad hoc Ethics Committee in 2000. This ad hoc committee later became a permanent fixture of the Lok Sabha only in 2015, cementing its role in overseeing the ethical behavior of its members.

Membership of the Lok Sabha Ethics Committee

Members of the Lok Sabha Ethics Committee are those whom the Speaker of the Lok Sabha appoints. The term of these members is typically one year. According to the latest available information, the Ethics Committee is chaired by Vinod Kumar Sonkar, a Member of Parliament from the Bharatiya Janata Party (BJP) representing Kaushambi. The committee also includes members from various political parties, demonstrating its bipartisan nature.

Key Historical Cases: The 2005 Cash-for-Query Scandal

One of the most prominent instances of the Lok Sabha Ethics Committee’s involvement in addressing ethical breaches by members of Parliament was the 2005 cash-for-query scandal. In this scandal, both the Lok Sabha and Rajya Sabha adopted motions to expel several Members of Parliament who were accused of accepting money in exchange for asking specific questions in Parliament. The Lok Sabha’s motion was based on the report of a special committee led by P. K. Bansal, a Member of Parliament from Chandigarh, which was formed to investigate the issue. In contrast, the Rajya Sabha handled the complaint through the House Ethics Committee.

Former Lok Sabha Secretary General P. D. T. Achary highlighted that there was substantial evidence in the 2005 case, primarily based on a sting operation. The challenge in more recent cases, such as the one involving Mahua Moitra, is to establish a clear link between the questions asked by the Member of Parliament and any potential money trail.

Complaint Process and Procedure

The Lok Sabha Ethics Committee has a defined procedure for handling complaints against Members of Parliament. Any person can file a complaint against an MP through another Lok Sabha MP. Evidence of the alleged misconduct and an affidavit stating that the complaint is not “false, frivolous, or vexatious” should accompany the complaint. If the member in question is the one filing the complaint, there is no need for an affidavit.

Upon receiving a complaint, the Speaker of the Lok Sabha has the authority to refer it to the Ethics Committee for further investigation. However, the committee does not entertain complaints that are solely based on media reports or matters that are subordinate. Before deciding to examine a complaint, the committee conducts a prima facie inquiry to assess its merits.

Following a thorough evaluation of the complaint, the Ethics Committee presents its report to the Speaker. The Speaker then seeks the opinion of the House on whether the report should be taken up for consideration. There is also a provision for a half-hour discussion on the report, which allows Members of Parliament to express their views and opinions on the matter.

The Role of the Privileges Committee

The Lok Sabha Ethics Committee works in tandem with another important parliamentary body known as the Privileges Committee. While their roles are distinct, they often overlap, and the choice of committee to which a complaint is referred depends on the severity of the allegations.

The Privileges Committee is responsible for safeguarding the “freedom, authority, and dignity of Parliament.” These privileges extend to individual Members of Parliament as well as the House as a whole. An MP can be examined for a breach of privilege, and individuals who are not MPs can also face accusations of breaching parliamentary privilege if their actions attack the authority and dignity of the House.

In summary, the Lok Sabha Ethics Committee and the Privileges Committee both play critical roles in preserving the ethical and constitutional integrity of India’s parliamentary system. They provide a mechanism through which misconduct and ethical breaches by Members of Parliament can be thoroughly examined and addressed. While these committees are essential for upholding the values and standards of the Indian Parliament, their effectiveness ultimately relies on the commitment of parliamentarians to maintain the highest ethical standards in their conduct within the hallowed halls of democracy.

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