SPECIAL ENQUIRY COMMITTEES OF PARLIAMENT 

The Ethics Committee in the Indian Parliament plays a crucial role in upholding the ethical standards and conduct of its members. It serves as the watchdog of the Parliament, ensuring that MPs adhere to the highest ethical standards and are accountable for their actions.

Composition

• Lok Sabha Comprises 15 members, including the Speaker (ex officio chairperson), the Deputy Speaker (ex officio member), and 13 other members elected by the House.
• Rajya Sabha Consists of 10 members, including the Chairman (ex officio chairperson), the Deputy Chairman (ex officio member), and 8 other members elected by the House.

Functions

• Examines complaints of misconduct against MPs, including allegations of corruption, misuse of power, or violations of parliamentary rules and ethics.
• Conduct hearings to gather evidence from complainants, witnesses, and the accused MPs.
• Based on the evidence, recommend appropriate disciplinary action to the House, ranging from reprimands to expulsion.
• Upholds the integrity of the institution by ensuring ethical conduct and accountability among its members.

Key Features

• Functions independently of the government and political parties.
• Members are chosen from different parties to ensure objectivity and fairness.
• Has the authority to summon any person or acquire any document necessary for its investigation.

Examples of Cases

• The Committee investigated allegations that MP Mahua Moitra accepted money in exchange for raising questions in Parliament.
• The Committee examined a notice accusing MP Nishikant Dubey of breaching parliamentary privilege by revealing sensitive information.
• In 2007, an MP accompanying his close female companion, impersonating her as his wife was considered ‘unethical’ by the Committee. It recommended suspension of the MP from 30 sittings of the House.

Significance

• Holding MPs accountable for their actions helps maintain public confidence in the Parliament and the democratic process.
• Serves as a deterrent to unethical behaviour and promotes high standards among MPs.
• Addresses misconduct to safeguard the reputation and dignity of the Parliament.

Challenges

• Can be subject to political pressure and interference, hindering its independence.
• Limited resources may hamper its ability to conduct thorough investigations.
• Public awareness about the Committee's role and functioning may be limited.

The Privileges Committees in the Indian Parliament are crucial bodies entrusted with upholding the dignity, authority, and functioning of both Houses: the Lok Sabha (lower house) and the Rajya Sabha (upper house). They act as watchdogs, investigating and addressing any breach of privilege committed against the institution or its members.

Responsibilities

• Investigate complaints: Examine complaints alleging breaches of privilege, including:
  • Obstructing parliamentary proceedings
  • Contempt of Parliament
  • Disrupting parliamentary activities
  • Assaulting or intimidating MPs
  • Publishing false or defamatory statements against Parliament or its members
• Summon witnesses: Possess the power to summon individuals to appear and provide testimony, and demand relevant documents for investigation.
• Conduct hearings: Hold hearings to gather evidence, and hear arguments from the complainant, witnesses, and the accused individual or entity.
• Recommend action: Based on their findings, they recommend appropriate action to the respective House, which may include:
  • Reprimand
  • Fine
  • Imprisonment
  • Exclusion from Parliament premises
  • Referral to law enforcement agencies for further investigation and potential prosecution

Significance

• Ensure smooth and unhindered functioning by addressing violations that impede proceedings.
• Uphold the authority and dignity of Parliament by holding individuals or entities accountable for disrespectful or disruptive behaviour.
• Safeguard the rights and privileges of Members of Parliament (MPs), ensuring they can freely perform their legislative duties without fear of intimidation or interference.

Composition

Each House has a separate committee with different compositions:

• Lok Sabha Privileges Committee Comprises 15 members, nominated by the Speaker and reflecting various political parties.
• Rajya Sabha Privileges Committee Comprises 10 members, nominated by the Chairman and reflecting the strength of different parties in the House.

Challenges

• Maintaining impartiality: Ensuring fair investigations and recommendations free from political bias.
• Balancing rights: Striking a balance between protecting Parliament's authority and upholding the rights of individuals accused of breaches.
• Defending freedom of speech: Defining the boundaries of "contempt" and ensuring it does not stifle legitimate criticism or dissent.

Examples

• Lok Sabha Privileges Committee: Investigated the alleged breach of privilege by 12 opposition MPs who repeatedly entered the well of the House, shouting slogans, and obstructing proceedings.
• Rajya Sabha Privileges Committee: Examined the case of a newspaper editor accused of publishing defamatory content against Parliament.

4. Is Expulsion Constitutional for Members of Parliament?

• Article 101 of the Constitution outlines various grounds for the vacation of a seat by a Member of Parliament (MP), including voluntary resignation, disqualification, and continuous absence from the House for 60 sittings. Notably, expulsion is not explicitly mentioned in the Constitution. However, the Supreme Court has issued conflicting judgments on this matter.
• In the case of Raja Ram Pal versus Hon’ble Speaker (2007), the Supreme Court upheld Parliament's power to expel its members for a breach of privilege. It interpreted Article 101 broadly, considering expulsion as an implied ground for vacation of the seat.
• Conversely, in the case of Amarinder Singh versus Special Committee, Punjab Vidhan Sabha (2010), the Supreme Court ruled that expulsion by a State Assembly was unconstitutional. The court argued that such instances could undermine the fundamental objectives of Parliamentary democracy, emphasizing the potential frustration of democratic principles.
• The constitutional status of expulsion remains a subject of legal interpretation, with varying perspectives presented by different judgments. The tension between upholding parliamentary privilege and safeguarding democratic principles continues to shape the discourse on the constitutional validity of expulsion.

5. Balancing House Privileges and Democratic Representation

• The allegations of 'cash for query' against Mahua Moitra carry significant weight, prompting the question of whether expulsion is a proportionate response to such actions.
• The potential consequence of expulsion, leaving the constituency without representation until the next elections or a bye-election, raises concerns about the impact on democratic representation.
• House privileges, rooted in medieval Britain to safeguard the House of Commons from an authoritarian King, are crucial for upholding the dignity and autonomy of the legislative body. However, in a modern democracy, it becomes equally imperative to ensure that democratic representation is not unfairly compromised for political reasons.
• It's crucial to recognize that Parliamentary Committee proceedings, unlike detailed judicial cases under the Evidence Act, may lack the same level of intricacy. In this particular case, where the ethics committee recommends a legal inquiry and the CBI has initiated a preliminary inquiry, there is a need for a balanced approach.
• A pragmatic solution could involve the establishment of fast-track courts specifically designed to handle such cases promptly, within a time frame of, for example, 60 days. If individuals are convicted in such expedited trials, disqualification under the Representation of the People Act, 1951, would follow. On the other hand, if acquitted, they should retain their status as members of the House.
• This approach ensures that due process is observed, maintaining the integrity of House privileges while safeguarding the principle of democratic representation. It strikes a balance between upholding the dignity of the House and ensuring fair treatment for elected representatives in a modern democratic context.

6. Parliamentary committees

• The Parliamentary committees are an essential part of the governance of India.
• They support the legislature in the discharge of its duties. Their work includes supervision, control, and vigilance, and they share the workload of the legislature.
• Also, the Parliamentary committees in India offer better insight into the issues in discussion. And they provide detailed analysis and scrutiny. There are two types of Parliamentary committees: Parliamentary standing committee and Ad Hoc Committee.
• Article 118 of the Indian Constitution deals with any subject related to these committees. Here, we discuss all Parliamentary committees of India with their types, including the Financial and Departmental Committees.

6.1. Standing Committees