In recent news, the Lok Sabha’s Ethics Committee has begun investigating allegations of a ‘Cash for Query’ scandal involving one of its Members of Parliament (MP). Accusations suggest the MP accepted bribes to pose certain questions in Parliament. The committee is now tasked with thoroughly examining these charges and collecting evidence from all parties involved. This includes the individual or party raising the complaint, eye-witnesses as well as the accused MP.
Understanding the Potential Consequences
Should the Ethics Committee find validity in the claims presented, they are authorized to make various recommendations. These suggestions can lead to a range of punitive actions against the MP in question. One such measure could be the temporary suspension of the MP for a specific timeframe. However, the final decision rests with the House, composed of all MPs, who will assess the committee’s suggestions and consequently determine the nature and severity of the punishment. In cases where the accused MP faces expulsion or other adverse decisions, they reserve the right to legally challenge these decisions in court. Grounds for such challenges typically include accusations of unconstitutional actions, gross illegality, or denial of natural justice.
The precedent for such actions was set in 2005 when both Houses expelled 10 Lok Sabha MPs and one Rajya Sabha MP accused of accepting money for asking questions in Parliament. These expulsions were rooted in the report of the Bansal Committee, a special group appointed by the Speaker to delve into this issue.
More About the Lok Sabha’s Ethics Committee
The Ethics Committee, composed of members appointed by the Speaker for a term of one year, is responsible for the examination of complaints relating to the unethical conduct of a Lok Sabha member. The idea of an ethics committee was first proposed in a 1996 conference of Presiding Officers held in Delhi. However, it wasn’t until the 13th Lok Sabha that the Committee of Privileges recommended the creation of an Ethics Committee. An ad hoc Ethics Committee was set up by Speaker G M C Balayogi in 2000 and became a permanent fixture of the House in 2015.
Procedure for Complaints
Complaints against a Member can be made through another Lok Sabha MP, accompanied by evidence of the alleged misconduct. The Speaker has the authority to refer any complaint against an MP to the Committee. However, the Committee does not entertain complaints based solely on media reports or on matters currently under judicial consideration. An initial inquiry is conducted to determine if a full examination of the complaint is warranted, with resulting recommendations made after evaluation.
Overlapping Jurisdiction: The Ethics Committee Vs. The Privileges Committee
The scopes of the Ethics Committee and the Privileges Committee often overlap. Allegations of corruption against an MP can be directed to either body, but more serious accusations usually land before the Privileges Committee. This committee’s mandate is to protect the “freedom, authority, and dignity of Parliament”. Breaches of privilege can be examined both for MPs and non-MPs, for actions undermining the authority and dignity of the House. The Ethics Committee, meanwhile, only handles misconduct cases involving MPs.
