Ethics, Parliamentary Conduct and the Indian MP

Primary Source: The Hindu

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Relevance: GS2, Indian Polity, Law, Governance, Constitutional Rights, Fundamental rights, Ethics Committee, Committee of Privileges, Parliamentary procedures, Conduct of MPs, Lok Sabha, Ethics in Public Life, Parliamentary Probe, Judicial Probe

Prepp Prelims Booster: Ethics Committee, Committee of Privileges, Parliamentary procedures

Prepp Mains Booster: Parliament & State Legislatures – Structure, Functioning, Conduct of Business, Powers & Privileges and Issues Arising out of these

Why in the news?

• The article discusses the ethical conduct of Indian Members of Parliament (MPs), specifically focusing on the recent proceedings by the Lok Sabha Ethics Committee against an MP from West Bengal.
• The said MP is alleged to have received money from a businessman for asking questions in Parliament, which is considered a breach of privilege and contempt of the House.

Background of the Case

• Allegations have been made against a Member of Parliament (MP) regarding unethical conduct.
• The allegation involves receiving money from a businessman.
• In exchange for the money, the MP is accused of raising questions in Parliament to benefit the businessman’s interests.
• A senior Member of Parliament has initiated the complaint.
• Following this allegation, the Speaker of the Lok Sabha referred the matter to the Lok Sabha Ethics Committee for further investigation and to produce a report on the matter.

The Dilemma of Online Question Submission

• Members of Parliament are often too busy to personally write out questions for submission, leading to a practical need for assistance.
• MPs commonly delegate the task of writing and submitting questions to their personal assistants, which involves sharing passwords and login details.
• There are currently no established Lok Sabha rules regulating the online submission process of questions by MPs.
• MPs have the liberty to hire any individual to assist with their parliamentary duties without the requirement to disclose their information sources.
• Under Article 105 of the Indian Constitution, MPs have the right to express themselves freely in the House, which by extension, includes freedom in their methods of gathering information for parliamentary duties.
• Investigating the sources of an MP’s information might lack legal backing, given the protections afforded by the Constitution.
• Despite these freedoms, Parliament retains the authority to discipline its members as it sees fit.

What is the Ethics Committee?

• The Ethics Committee of the Lok Sabha is a key body within the Indian parliamentary system responsible for maintaining and overseeing the ethical conduct of Members of Parliament (MPs).
• The Lok Sabha Ethics Committee was established in 2000, underscoring the parliamentary commitment to upholding the highest standards of ethical conduct within its ranks.
• Its primary mandate is to examine complaints related to the unethical behavior of MPs and to recommend suitable actions. Additionally, the committee is charged with formulating a code of conduct for the members.
• The committee operates on complaints referred to it concerning the behavior of MPs that could be considered unethical. However, the term "unethical conduct" has not been strictly defined, giving the committee a broad scope to interpret actions on a case-by-case basis.
• While the Ethics Committee does not handle criminal investigations—such activities are within the purview of law enforcement agencies—it does have the authority to scrutinize the actions of MPs and recommend actions that the House might take to preserve its integrity and discipline members.
• The Ethics Committee has considerable discretion in deciding what is considered unethical conduct and the appropriate actions to be taken.
• Their decisions are based on examinations of evidence and do not follow the formal rules of evidence as in a judicial court.
• The Ethics Committee plays a crucial role in preserving the sanctity of parliamentary proceedings by ensuring that members adhere to expected ethical standards and by acting as a deterrent to misconduct.

Ethics Committee vs. Privileges Committee

Nature of Investigation and Probe

• The investigation into the MP's conduct is a parliamentary probe, not a judicial one.
• The probe is carried out by a parliamentary committee, in this case, the Lok Sabha Ethics Committee, which is different from a court of law.
• The committee's members are fellow MPs, not legally trained judges or lawyers.
• The Ethics Committee is tasked with investigating allegations of unethical conduct.
• However, if the allegations against the MP involve illegal gratification for parliamentary work, then it becomes a matter of breach of privilege, which is typically handled by the Committee of Privileges.
• The committee investigates by examining written documents, taking oral evidence from witnesses, and possibly hearing from experts.
• MPs under investigation have certain rights, such as appearing before the committee, potentially through an advocate, and cross-examining witnesses with permission.
• The findings of the committee are based on a preponderance of probabilities rather than the strict legal standards of evidence required in a court of law.
• They apply common sense and the principles of natural justice to arrive at their conclusions.
• The committee can recommend actions to the House based on its findings. While the committee does not impose legal penalties, its recommendations can lead to disciplinary measures such as suspension from the House or expulsion in severe cases.
• If the allegations also involve criminal activity, such as accepting a bribe, those aspects are investigated by law enforcement and the MP could face criminal charges separately from any parliamentary discipline.

Parliamentary Probe vs. Judicial Probe

Conclusion

The integrity of the parliamentary system depends on its members' conduct. Allegations against MPs raise questions about the efficacy and clarity of current guidelines and committees. While MPs have some privileges, there is also a need to ensure transparency, ethical conduct, and adherence to the rules, making it essential for Parliament to continue to evolve and improve its systems for checks and balances.

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FAQs

MCQs

Question: With reference to the Parliament of India, which of the following Parliamentary Committees scrutinizes and reports to the House whether the powers to make regulations, rules, sub-rules, by-laws, etc. conferred by the Constitution or delegated by the Parliament are being properly exercised by the Executive within the scope of such delegation? (UPSC 2018)

(a) Committee on Government Assurances

(b) Committee on Subordinate Legislation

(c) Rules Committee

(d) Business Advisory Committee

Question: Which one of the following is the largest Committee of the Parliament? (UPSC 2014)

(a) The Committee on Public Accounts

(b) The Committee on Estimates

(c) The Committee on Public Undertakings

(d) The Committee on Petitions

Question: Which committee is typically responsible for investigating MPs accused of taking money for parliamentary work?

(a) The Ethics Committee

(b) The Committee of Privileges

(c) The Finance Committee

(d) The Public Accounts Committee

Question: What power does Article 105 of the Constitution grant to Members of Parliament?

(a) The power to regulate the online submission of questions.

(b) The power to exercise freedom of speech in the House.

(c) The power to receive foreign grants for constituency development.

(d) The power to appoint judges to the Supreme Court.