Lok Sabha Speaker Om Birla has referred BJP MP Nishikant Dubey’s “bribe-for-query” complaint against Trinamool Congress MP Mahua Moitra to the Ethics Committee of the Lower House.
Dubey has accused Moitra of “taking bribes” from a businessman to ask questions in Parliament and urged the Speaker to constitute an inquiry committee to look into the charges against her.
The Ethics Committee of the Lok Sabha is chaired by BJP MP Vinod Kumar Sonkar.
Genesis of Ethics Committee in Parliament
• Ethics and morality have been the hallmark of public life in India since ancient times. Ethics and politics are inseparable.
• However, there is a general feeling that all is not well with the Indian political system which is functioning under great strain. Concerns are expressed over the general decline of values in public life. Such a situation does not augur well for democracy.
• Role of people’s representatives, who are largely responsible for guiding the system in such a situation, therefore, becomes very critical.
• In July 1993, amidst alleged charges of corruption involving politicians and general perception of criminalisation of politics, the government appointed a Committee headed by N.N. Vohra, the then Union home secretary, to take stock of all available information about the activities of crime syndicates/mafia organisations who allegedly had developed links with some government functionaries and political personalities.
• The Committee submitted its report in August 1995. It pointed out that the nexus between the criminal gangs, police, bureaucracy and politicians have come out clearly in various parts of the country.
• In 1996, the Business Advisory Committee of Rajya Sabha decided that this matter should be considered by leaders of parties and groups in the House.
• At the initiative of the former Prime Minister I.K. Gujral, who then was the minister of external affairs, a meeting was held in 1996, with the leaders of parties and groups in Rajya Sabha to discuss the issue.
• Thereafter, the matter was placed before the General Purposes Committee of Rajya Sabha in 1997. The Committee after considering the matter carefully, decided to have an internal mechanism of the House itself which would work as a self-regulatory body for the members of Rajya Sabha.
• Thus, the Ethics Committee of Rajya Sabha was constituted by the Rajya Sabha Chairman on March 4, 1997, to oversee the moral and ethical conduct of the Members and to examine the cases referred to it with reference to ethical and other misconduct of Members.
• The Committee was inaugurated by the then Vice President of India and the Chairman of Rajya Sabha K.R. Narayanan on May 30, 1997.
• Setting up of an institution like Ethics Committee was a significant event in the history of Indian Parliamentary democracy.
Ethics Committee of Rajya Sabha
• The Ethics Committee of Rajya Sabha consists of 10 members, including its chairman.
• The members are nominated by the Rajya Sabha Chairman.
• Chairman of the Committee is from the largest party in the House. Other members normally are the leaders, deputy leaders/chief whips of their parties/groups in Rajya Sabha.
Ethics Committee of Lok Sabha
• During the 11th Lok Sabha, the Committee of Privileges constituted a Study Group on January 31, 1997 for undertaking study of Parliamentary Privileges, Ethics and related matters. It finalised a report covering in detail the various facets of Parliamentary Privileges and more particularly ethical matters.
• However, before the report could be tabled in the House, the 11th Lok Sabha was dissolved on December 4, 1997.
• In the 13th Lok Sabha, the unfinished agenda was brought to the notice of the Committee of Privileges. The Committee, without any prejudice to the earlier recommendations made in the 11th Lok Sabha, recommended that a separate Ethics Committee be constituted in Lok Sabha.
• This report was laid on the Table on April 18, 2000.
• The Speaker of the 13th Lok Sabha constituted the first Ethics Committee in Lok Sabha on May 16, 2000.
• During the 16th Lok Sabha, it was made a Standing Committee with effect from August 12, 2015 under Rule 316A.
• The Committee on Ethics shall consist of not more than 15 members.
• The Committee shall be nominated by the Speaker and shall hold office for a term not exceeding one year.
• The chairperson of the Committee is appointed by the Speaker from amongst the Members of the Committee.
• The Committee continues in office till a new Committee is appointed.
The Committee shall:
a) Examine every complaint relating to unethical conduct of a member of Lok Sabha referred to it by the Speaker and make such recommendations as it may deem fit.
b) Formulate a Code of Conduct for members and suggest amendments or additions to the Code of Conduct from time to time.
• On a matter being referred to the Committee, a preliminary inquiry shall be conducted by the Committee. If the Committee, after a preliminary inquiry, is of the opinion that there is no prima facie case, it may recommend that the matter may be dropped and the chairperson shall intimate the Speaker accordingly.
• If the Committee, after preliminary inquiry, is of the opinion that there is a prima facie case, the Committee shall take up the matter for further examination.
• The report of the Committee shall be presented to the Speaker who may direct that the report be laid on the Table of the House. Further, the report of the Committee may also state the procedure to be followed by the House in giving effect to the recommendations made by the Committee.
