Lok Sabha Ethics Committee

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GS- III >> Environment >> Pollution

Context: The case involves allegations that an MP from West Bengal accepted money in exchange for raising concerns about ethical conduct in Parliament.

About Lok Sabha Ethics’ Committee:

Introduction:

• Established over 20 years ago, the Ethics Committee of Lok Sabha carries the crucial responsibility of monitoring the behaviour of its members and addressing instances of unethical conduct among parliamentarians.
• While it often deals with relatively minor offenses, its role in upholding ethical standards within the parliament is of great importance.

Composition of the Committee:

• This Committee consists of 15 members nominated by the Speaker.
• The members of the Ethics Committee are selected by the Speaker for a one-year term.
• Its function is to examine 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 and formulate a code of conduct for Members and suggest amendments or additions to the code of conduct from time to time.

History of Ethics Committees:

• The concept of ethics committees for both Houses was first proposed during a conference for Presiding Officers in Delhi in 1996.
• In March 1997, the Ethics Committee for the Upper House was officially inaugurated, with Shri K R Narayanan, who was concurrently serving as Rajya Sabha Chairman and Vice President, leading the initiative.
• Its primary objective was to ensure the ethical conduct of members and investigate reported instances of impropriety, applying the same regulations that govern the Committee of Privileges.

Ethics committee’s functions:

Role:

• It primarily examines complaints related to unethical conduct by Members of Parliament (MPs) and provides recommendations for action.
• Notably, the term ‘unethical conduct’ is not specifically defined, and its interpretation falls to the committee.
• Past cases offer insights into identifying unethical behaviour, such as an MP taking an unauthorized companion on a parliamentary tour, falsely claiming them as a spouse.
• In such cases, the ethics committee has recommended suspending the MP from House sittings and imposing travel restrictions for the remainder of the Lok Sabha’s term.

Criminal Offenses and Parliamentary Investigation:

• In cases related to criminal offenses, public servant accepting a bribe, government criminal investigative agencies typically handle the investigations.
• Parliamentary committees are responsible for determining whether an MP’s conduct amounts to a breach of privilege or contempt of the House.
• Sanctions imposed by these committees pertain to the MP’s functioning within the house.
• Any criminal offenses are subject to investigation and legal consequences under the relevant laws.

Overlap with Privileges Committee:

• There is often an overlap in the responsibilities of the Ethics Committee and the Privileges Committee, with both having roles in addressing allegations against MPs.
• Allegations of corruption involving an MP can be referred to either committee, but more serious charges typically go to the Privileges Committee.
• The Privileges Committee is primarily tasked with safeguarding the ‘freedom, authority, and dignity of Parliament.’
• These privileges extend to individual Members of Parliament (MPs) as well as the House as a whole.
• An MP can face examination for Breach of Privilege, and even non-MPs can be accused of breaching privilege if their actions undermine the authority and dignity of the House.
• It’s important to note that the Ethics Committee’s jurisdiction is limited to cases of misconduct involving MPs.

Action recommended by ethics committee:

• Lok Sabha’s Ethics Committee examines and suggests actions on MPs’ ethical conduct.
• It reviews the code of conduct expected from MPs.
• Actions recommended include:
• Admonition: A warning or admonishment for conduct or ethics breaches.
• Suspension: Temporarily suspending an MP for serious misconduct.
• Expulsion: Removing an MP for severe misbehaviour.
• Lok Sabha considers these suggestions, but they aren’t legally binding.
• A majority Lok Sabha vote is needed to implement expulsion or suspension.

Challenging ethics committee actions:

• Generally, Ethics Committee actions are part of Parliament’s internal processes.
• Courts usually do not review these decisions, respecting the separation of powers.
• However, exceptions exist to protect the Constitution and fundamental rights.
• If Parliament exceeds its authority or violates rights, courts can intervene.
• Legal challenges are rare, requiring specific legal and constitutional considerations.
• Court challenges can be based on natural justice denial, illegality, or unconstitutionality.
• High Court writ petitions are suitable for state-level matters; Supreme Court for national issues.
• Ensure fundamental rights align with Ethics Committee or Parliament actions to warrant court intervention.

Way forward:

• Despite its recent origin, the Ethics Committee is vital for upholding high moral standards.
• It serves as a guardian of parliamentary ethics, preserving Lok Sabha’s integrity.
• MPs sharing online question submission credentials with assistants is a growing concern. MPs can engage assistance without disclosing information sources.
• Article 105 grants MPs freedom to access diverse sources for parliamentary work.

Source: www.thehindu.com