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EDITORIAL ANALYSIS: Ethics, Parliamentary Conduct and the Indian MP

 Ethics, Parliamentary Conduct and the Indian MP

 
Source: The Hindu
For Prelims: Parliamentary Committees
For Mains: General Studies II: Different Types of Parliamentary Committees and How effective are their recommendations
 
Highlights of the Article
Member of Parliament (MP)
Privilege Committee
Ethics Committee
Adhoc Committees
Financial Committees
 
Context:
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
 
UPSC EXAM NOTES ANALYSIS:
 
1. All Parliamentary Committees 

Committees of Parliament, also known as parliamentary committees, are specialized groups of Members of Parliament (MPs) or Members of the Legislative Assembly (MLAs) in India, responsible for various functions such as legislative review, oversight of government actions, and detailed examination of specific issues. These committees play a crucial role in the functioning of the legislative branch of government. In India, there are two main types of parliamentary committees:

Standing Committees: These are permanent committees that are constituted for the duration of a parliamentary session or for a fixed term. Standing committees are further categorized into different types, each having specific functions. Some of the important types of standing committees in the Indian Parliament include:

    • Public Accounts Committee (PAC): Responsible for examining government expenditures and ensuring financial accountability.

    • Estimates Committee: Examines and reports on the estimates included in the annual budget.

    • Committee on Public Undertakings: Focuses on the performance and functioning of public sector enterprises.

    • Committee on Petitions: Examines public petitions submitted to the Parliament.

    • Committee on Welfare of Scheduled Castes and Scheduled Tribes: Addresses issues related to the welfare of these marginalized communities.

 

Ad Hoc Committees: These are temporary committees formed to address specific issues or tasks. Ad hoc committees are typically disbanded once they complete their designated functions. They can be set up for various purposes, including investigations, inquiries, or special reports.

  • Joint Parliamentary Committees: These are ad hoc committees composed of members from both houses of Parliament (Lok Sabha and Rajya Sabha). They are formed to investigate and report on specific issues, such as pending bills or controversies.

  • Select Committees: These are typically used in the context of bills being considered by the Parliament. Select committees are tasked with a detailed examination of a bill's provisions and may suggest amendments.

  • Business Advisory Committee: Responsible for scheduling business in Parliament and deciding the allocation of time for different items on the agenda.

 
2. Unethical Conduct
  • An interesting aspect of this committee is that the term ‘unethical conduct’ has not been defined anywhere
  • It is left entirely to the committee to examine a particular act of conduct and decide whether it is unethical or not
  • In one instance, an MP took his close female companion along with him on a parliamentary tour, personating her as his wife
  • The committee found the MP guilty of unethical conduct and its recommendation was that he was to be suspended from 30 sittings of the House
  • He was also barred from taking any companion or his spouse on any official tour till the end of the tenure of that Lok Sabha. Thus, the moral vagaries of MPs definitely come under scrutiny of the ethics committee
  • A parliamentary probe is not the same as a judicial probe
  • Article 105 of the Constitution gives them the freedom to say “anything” in the House
3. Ethics Committee
Ethics Committee is officially known as the "Committee on Ethics." This committee plays a significant role in ensuring ethical conduct and maintaining the standards of integrity among the Members of Parliament (MPs). The Committee on Ethics is a parliamentary committee responsible for examining and addressing ethical and behavioral issues involving MPs in both the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
Key Functions and responsibilities:

Code of Conduct: Developing, maintaining, and updating a code of conduct for MPs, which outlines the expected ethical behavior, responsibilities, and standards that they should adhere to in their role as public representatives.

Investigations: Investigating allegations of unethical behavior, violations of the code of conduct, or conflicts of interest involving MPs. This may involve conducting inquiries, interviewing witnesses, and gathering evidence.

Recommendations: Based on the findings of investigations, the Committee may recommend disciplinary actions or sanctions against MPs found to have engaged in unethical conduct. These actions can include censure, suspension, or expulsion from the Parliament.

Advisory Role: Providing guidance and advice to MPs on ethical matters, including questions related to conflicts of interest, declarations of financial interests, and adherence to ethical norms.

4. Suspension of MPs
  • It is the role and duty of the Presiding officer- Speaker of Lok Sabha and Chairman of Rajya Sabha to maintain order so that the House can function smoothly.
  • In order to ensure that proceedings are conducted in the proper manner, the Speaker/Chairman is empowered to force a member to withdraw from the House.

Rules under which the Presiding Officer/Chairman acts

4.1 For Loksabha

Rule number 373 of the Rules of Procedure and Conduct of Business.

  • It empowers presiding officers to direct an MP to withdraw from the house for any disorderly conduct.
  • This rule says that any Member so ordered to withdraw shall remain absent during the remainder of the day's sitting.

Rule Number 374 and 374A

  • To deal with more recalcitrant (uncooperative)
  • Rule 374 empowers the Presiding officers to name the legislators of the MP who continue disrupting the House even after repeated warnings.
  • After that, the House can move a motion to suspend the MP for a period not exceeding the remainder of the session.
  • Rule 374A was incorporated into the Rule book in December 2001. The intention was to circumvent the necessity of adopting a motion for suspension.
  • Under this rule, the speaker can name an MP, who shall then automatically stand suspended for five days or the remaining part of the session, whichever is less.
  • Provided that the House may, at any time, on a motion being made, resolve that such suspension be terminated.

4.2 For Rajya Sabha

Rule 255 of the Rule Book of Rajya Sabha

It empowers the Chairman of Rajya Sabha to direct any Member to withdraw immediately from the House for any disorderly conduct. 

Rule 256

  • This rule empowers the Chairman to name the members who persistently disregard the authority of the Chair or abuse the rules of the Council.
  • After that, the House may adopt a motion suspending the Member for a period not exceeding the remainder of the session.
  • It should be noted that, unlike Lok Sabha (under rule 374A), Rajya Sabha can not suspend its members without passing a motion for the same.
5.Can courts intervene in a matter of suspension of MPs?
  • Article 122 of the Indian Constitution says parliamentary proceedings cannot be questioned before a court.
  • In some cases, however, courts have intervened in the procedural functioning of legislatures.
  • For example, the Maharashtra Legislative Assembly passed a resolution in its 2021 Monsoon Session suspending 12 BJP MLAs for a year.
  • The matter came before the Supreme Court, which held that the resolution was ineffective in law beyond the remainder of the Monsoon Session.
6. Conclusion
The Committee on Ethics of the Indian Parliament is essential for upholding the integrity and credibility of the legislative body. It plays a crucial role in ensuring that MPs uphold the highest ethical standards while representing the interests of their constituents and the nation as a whole
 
 
 
Practice Mains Questions
 
1.Discuss the role and significance of parliamentary committees in the Indian parliamentary system. How do they contribute to the effective functioning of the Parliament?
2.Examine the composition and functions of the Public Accounts Committee (PAC) in India. How does the PAC contribute to financial accountability and transparency in the government's operations?
3.Explain the types of parliamentary committees in India. Analyze the role and responsibilities of the Departmentally Related Standing Committees (DRSCs) in the legislative process
 

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