What is the Ethics Committee of Parliament?

The Ethics Committee, a cornerstone of parliamentary oversight, operates year-round to safeguard the integrity and dignity of Parliament. Tasked with enforcing checks and balances within the legislative process, the Ethics Committee plays an essential role in fostering accountability among members.

It was first established in the Rajya Sabha in 1997 and later in the Lok Sabha in 2000, underscoring Parliament's commitment to upholding high standards of conduct for lawmakers. Furthermore, rooted in India's longstanding tradition of ethics and morality in public life, the Ethics Committee reinforces the value of principled behaviour expected from people's representatives.

History & Evolution of the Ethics Committee

Ethics Committees contribute to a culture of accountability and trust, helping to sustain the confidence of citizens in their elected leaders. The formation of the Ethics Committee in Parliament originated from a resolution adopted at the Presiding Officers Conference in New Delhi in October 1996, which called on legislatures to consider establishing an Ethics Committee. This resolution marked the beginning of efforts to create an Ethics Committee in Indian legislatures.

Genesis of the Rajya Sabha Ethics Committee

• In 1997, the then Chairman of the Rajya Sabha, K. R. Narayanan, established the Ethics Committee for the Rajya Sabha (Upper House).

Genesis of the Lok Sabha Ethics Committee

• In the same year (1997), the Committee of Privileges in the Lok Sabha, through a Study Group, recommended forming a similar Ethics Committee. However, this proposal was not implemented at that time.
• It was only during the 13th Lok Sabha that the Committee of Privileges renewed the recommendation to establish an Ethics Committee.
• Subsequently, in 2000, the late Speaker G. M. C. Balayogi set up an ad hoc Ethics Committee, which eventually became a permanent feature of the Lok Sabha in 2015.

Ethics Committee of Lok Sabha: Composition and Functions

The Ethics Committee of the Lok Sabha plays a crucial role in upholding democratic values. It ensures that members of Parliament follow a code of conduct that aligns with the responsibilities expected of public representatives.

Composition

• The Ethics Committee of the Lok Sabha is composed of up to fifteen members, nominated by the Speaker of the Lok Sabha for a term not exceeding one year.

Functions

The Ethics Committee of the Lok Sabha has two primary responsibilities:

1. Examination of Complaints and Recommendations: It examines complaints regarding any unethical conduct by a member, as referred to it by the Speaker, and provides appropriate recommendations based on its findings.
2. Setting of the Code of Conduct: The Ethics Committee is responsible for developing and refining a Code of Conduct for Lok Sabha members, suggesting amendments or additions as necessary to keep the standards relevant and effective.

Procedure for Handling Ethics Complaints (Lok Sabha)

The Ethics Committee of the Lok Sabha oversees the moral and ethical conduct of its members, examining cases of misconduct referred to it. Upon reviewing these cases, the committee prepares recommendations, which are presented in the form of a report.

• This report is submitted to the Speaker of the Lok Sabha, who may direct that it be laid on the table of the House.
• In addition to the recommendations, the report may outline the procedure the House should follow to implement the committee's suggestions.

How a Complaint is Filed

Any individual can file a complaint regarding the unethical conduct of a Lok Sabha member. If the complaint is submitted by a person who is not a member, it must be forwarded by a Lok Sabha member.

• The submission should include evidence of the alleged misconduct and an affidavit affirming that the complaint is not "false, frivolous, or vexatious."
• If a Lok Sabha MP files the complaint, an affidavit is not required.
• All complaints must use respectful and moderate language.
• Complaints should be submitted in Hindi or English; if made in another Indian language, they must include a translation in Hindi or English and be signed by the complainant.

Power of the Speaker

• The Speaker of the Lok Sabha may refer any complaint of unethical behaviour against an MP to the Ethics Committee.
• However, the Committee does not consider complaints that are solely based on media reports or that involve sub-judice matters.

Preliminary Inquiry

The Ethics Committee conducts a preliminary inquiry to assess a complaint before deciding whether to proceed with further examination.

• If the Committee concludes, after a preliminary inquiry, that there is no prima facie case, it may recommend dismissing the matter, and the Chairperson will inform the Speaker.
• If the Committee determines, following a preliminary inquiry, that a prima facie case exists, it will proceed to conduct a further examination of the matter.

Consideration of the Ethics Committee Report

• Once the report is presented, the Chairperson, any Ethics Committee member, or another member can propose that the report be considered, prompting the Speaker to put the question to the House.
• Before doing so, the Speaker may allow a debate on the motion, which should not exceed half an hour.
• The Lok Sabha may choose to accept or reject the recommendations in the report of the Ethics Committee.

Case Study: The 2005 Cash-for-Query Case

In 2005, the Ethics Committee of both Houses of Parliament reviewed a case involving ten Lok Sabha MPs and one Rajya Sabha MP accused of accepting money to ask questions in Parliament. Consequently, the Ethics Committee of the Rajya Sabha recommended suspension for the Rajya Sabha MP.

• In contrast, the Lok Sabha's motion for expulsion was based on the Bansal Committee's report, a special committee established by the Speaker to investigate the matter.
• The expelled MPs requested that the Bansal Committee's report be forwarded to the Privileges Committee to allow them an opportunity to defend themselves.

Ethics Committee of Rajya Sabha

The Ethics Committee of the Rajya Sabha, established on March 4, 1997, is the first such committee in any Indian legislature. Its primary function is to oversee the moral and ethical conduct of Rajya Sabha members and to examine cases of ethical and other misconduct. The Committee operates under the procedural rules applicable to the Committee of Privileges, with any variations determined by the Chairman of the Rajya Sabha.

Composition

• The Ethics Committee of the Rajya Sabha comprises ten members, including the Chairman, who is appointed from the largest party in the House.
• Other members typically include the leaders, deputy leaders, or chief whips of their respective parties or groups within the Rajya Sabha.
• This composition ensures that party leadership is represented, which helps maintain accountability and integrity among members.

Ethics Committee vs Privileges Committee

The Ethics Committee focuses exclusively on cases of misconduct involving Members of Parliament (MPs). While the work of the Ethics Committee and the Privileges Committee frequently intersects, more serious allegations are typically directed to the Privileges Committee. In contrast, the Privileges Committee has the authority to investigate actions by individuals who are not MPs if those actions threaten the freedom, authority, and dignity of the House.

The Ethics Committee is Parliament's internal conscience-keeper — it does not punish crimes, it upholds standards. Understanding where its jurisdiction ends and the Privileges Committee's begins is the single most tested idea from this topic. — Legacy IAS Faculty

Frequently Asked Questions (FAQs)

Is the Ethics Committee a constitutional body?

No. The Ethics Committee is a parliamentary Standing Committee that derives its authority from the Rules of Procedure of each House, not from any Article of the Constitution.

Who appoints the members of the Lok Sabha Ethics Committee?

The Speaker of the Lok Sabha nominates up to fifteen members for a term not exceeding one year.

When was the Ethics Committee first set up in India?

The Rajya Sabha established the first Ethics Committee in any Indian legislature on March 4, 1997. The Lok Sabha set up an ad hoc committee in 2000, which became permanent in 2015.

What is the difference between the Ethics Committee and the Privileges Committee?

The Ethics Committee deals only with the ethical misconduct of MPs, whereas the Privileges Committee handles breaches of privilege and contempt of the House and can also act against non-members.

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