Parliamentary Ethics and the Conduct of an Indian MP
The Lok Sabha Ethics Committee’s proceedings against the All India Trinamool Congress Member of Parliament (MP) from West Bengal, Mahua Moitra, have resulted in much public debate. A MP lodged a complaint with the Speaker alleging that Ms. Moitra 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.
Provision
- Article 105 of the Constitution gives MPs the freedom to say “anything” in the House.
- Against the Values: If an MP takes money for putting questions up in Parliament, they will be guilty of breach of privilege and contempt of the House.
- Investigation by Committees: Such complaints are referred to the Committee of Privileges for investigation, which after a proper investigation, submits its findings in a report along with the recommendation for action against the MP.
- Expulsion on Guilty: If a case involving illegal gratification for conducting parliamentary work is proven, the MP may even be expelled from the House.
- Instances: There have been such instances in the Lok Sabha where MPs were expelled from the House on this ground.
- In 1951, H.G. Mudgal, an MP of the Provisional Parliament, was found guilty of promoting the interests of a business association in return for financial benefits by putting questions up. He resigned before he was expelled by the House.
- In 2005, a sting operation by a private channel showed 10 Members of the Lok Sabha accepting money for putting questions up in Parliament and after finding them guilty by a special committee, all the MPs were expelled.
Parliamentary Probe and Judicial Probe
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Judicial probe
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Parliamentary probe
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1) A judicial probe is conducted by judicially trained persons.
2) The judiciary does not have the power to direct investigation.
3) A judicial body probes a matter as in the statutes.
4) The rules of evidence under the Indian Evidence Act are applicable to a judicial probe.
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1) Parliamentary committees consist of Members of Parliament who are not experts.
2) The Parliament possesses investigative power also.
3) Parliament does the investigative work through its committees which function under the Rules of the House.
4) 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.
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The Ethics Committee of the Lok Sabha
- Formation and Mandate: A relatively new committee set up in 2000, with a mandate to examine every complaint related to the unethical conduct of MPs referred to it and to recommend action.
- It was also tasked with formulating a code of conduct for MPs.
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· Origin
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1996: Presiding Officers’ Conference suggested ethics panels for both houses.
1997: Ethics Committee constituted in Rajya Sabha
13th Lok Sabha: Committee of Privileges recommends Lok Sabha Ethics Committee
2000: Ad hoc Ethics Committee established in Lok Sabha.
2015: Ethics Committee becomes a permanent part of Lok Sabha.
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Members
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15
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Appointed by
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The Speaker appoints members of the committee for one year.
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Functions
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1. To examine every complaint relating to unethical conduct of a Member of Lok Sabha referred to it by the Speaker and make recommendations
2. To formulate a code of conduct for Members
3. To suggest amendments or additions to the code of conduct from time to time.
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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.
A non-MP too can be interrogated by the privilege committee for actions that attack the authority and dignity of the House. The Ethics Committee can take up only cases of misconduct that involve MPs.
Concerns
- Undefined Term: The term ‘unethical conduct’ has not been defined anywhere and is left entirely to the committee to examine.
- Limited Scope: More serious cases involving serious misconduct are not dealt with by the ethics committee.
- Rather dealt with by either the Committee of Privileges or special committees.
- Lack of Criminal Investigation: Parliamentary committees do not deal with criminal investigation. They decide on the basis of evidence whether the conduct of the MP is a breach of privilege or contempt of the House and punish them accordingly.
Road ahead
- Framing of Rules: The Lok Sabha needs to frame rules to regulate the online submission of questions.
- Clear Definitions: Undefined terms like ‘unethical conduct’ should be made defined.
- Clear Demarcation: There is a need to make distinction between parliamentary discipline and criminal investigations in handling serious allegations.
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