Sparks Fly At Ethics Committee Meet To Hear Complaint Against Mahua Moitra

Relevance: GS2 - Parliament & State Legislatures

(Source: The Hindu, 10/27/2023)

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Why in the news?

Recently, the Lok Sabha Ethics Committee has summoned Trinamool Congress MP Mahua Moitra for her response to cash-for-query charges made by BJP MP Nishikant Dubey.

What is an Ethics Committee?

• The term "Ethics Committee" generally refers to a parliamentary or legislative committee responsible for addressing ethical and disciplinary matters related to Members of Parliament (MPs) or members of legislative bodies.
• The Ethics Committee is a key component of the parliamentary system and plays a vital role in maintaining the ethical conduct and integrity of elected representatives.
• Each house of the parliament has its own ethics committee.

History of Ethics Committee

• The concept of ethics committees for the two Houses of the Indian Parliament was initially proposed in 1996 during a Presiding Officers' Conference held in Delhi. The idea was to establish specialized committees dedicated to addressing ethical matters and standards within the legislative bodies.
• The Ethics Committee of the Rajya Sabha was established in 1997 under the leadership of then Vice President (and Rajya Sabha Chairman) K R Narayanan.
• In the Lok Sabha, the idea took root during the 13th Lok Sabha. The late Speaker, G M C Balayogi, constituted an ad hoc Ethics Committee in 2000, which became a permanent part of the House only in 2015.

What is the Procedure for Complaints?

• Initiating Complaints: Complaints against an MP can be initiated by any individual through another Lok Sabha MP. These complaints should include supporting evidence of alleged misconduct and an affidavit affirming the authenticity of the evidence. MPs themselves can also raise complaints without the need for an affidavit.
• Speaker's Role: The Speaker of the Lok Sabha is responsible for reviewing and, if necessary, forwarding any complaints against an MP to the Ethics Committee.
• Preliminary Inquiry (Prima Facie Inquiry): The Ethics Committee conducts an initial assessment to determine whether the complaint has sufficient merit to warrant further examination. If the complaint passes this stage, the committee proceeds to evaluate the allegations and form recommendations.
• Report Presentation: The Ethics Committee presents its findings and recommendations to the Speaker. The Speaker then seeks the input of the entire House on whether to consider the committee's report. Additionally, a half-hour discussion can be scheduled in the House to deliberate on the report.

Ethics Committee of Lok Sabha and Rajya Sabha

Functions of Ethics Committee

• Monitoring Moral and Ethical Conduct: The committee is responsible for evaluating complaints regarding the unethical behavior of members that are referred to it by the Speaker. It then offers recommendations for appropriate actions or measures.
• Formulating a Code of Conduct for Members: The committee is actively involved in creating and periodically revising a Code of Conduct for parliamentary members. This may include proposing amendments or additions to the code to reflect evolving ethical standards.
• Maintenance of Order and Decorum in Parliament: One of the committee's vital roles is to uphold and enforce discipline and decorum within the legislative body. It contributes to ensuring that parliamentary proceedings are conducted with respect and adherence to established rules.
• Promoting Transparency and Accountability: The committee establishes and oversees protocols for lodging ethics-related complaints. It also sets guidelines for members to make financial disclosures and declare their interests. This helps to enhance transparency and accountability in the parliamentary processes and activities of members.

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FAQs

MCQ

Question: Consider the following statements regarding Ethics Committee:

1. It was first established in Lok Sabha followed by Rajya Sabha later.
2. The members are nominated by the President.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2