The Ethics Committee of Lok Sabha, which recently took up a “cash-for-query” complaint made by a BJP Member Mr. Nishikant Dubey against Trinamool Congress Member Ms. Mahua Moitra, examines cases of misconduct involving Members of Parliament (MPs) and is responsible for overseeing their moral and ethical conduct. Its functions include examining complaints of unethical conduct by Members, making recommendations, formulating a code of conduct for Members, and suggesting amendments or additions to the code of conduct. A total of 15 members from among the MPs can be appointed as members of the Lok Sabha’s Ethics Committee by the Speaker for one year. Presently, Mr. Vinod Kumar Sonkar, belonging to the ruling Bharatiya Janata Party (BJP), heads the Committee.
The idea of an ethics committee was first mooted during a Presiding Officers’ conference in 1996. The Ethics Committee was first formed in the Rajya Sabha by the then Vice-President and Chairman of the Upper House on March 4, 1997. The Lok Sabha’s House Committee of Privileges recommended the constitution of an Ethics Committee in 1997 after visiting Australia, the UK and the US to look into practices on the conduct and ethics of legislators. However, an ad hoc Ethics Committee could only be formed in 2000 by the then Speaker G.M.C. Balayogi. The Committee became a permanent part of the House only in 2015.
Anyone can complain against an MP through another Lok Sabha MP, with evidence of the alleged misconduct and an affidavit stating that the complaint is not “false, frivolous, or vexatious”. If the Member himself complains, the affidavit is not needed. Where it has been found that a Member has indulged in unethical behaviour or there is other misconduct or a Member has contravened the rules, the Committee may recommend imposition of one or more of the sanctions. This may include censure, reprimand, suspension from the House for a specific period or any other sanction determined by the Committee.
The mandate of the Privileges Committee is to safeguard the “freedom, authority and dignity of Parliament”. These privileges are enjoyed by individual Members and the House as a whole. While an MP can be examined for breach of privilege, a non-MP, too, can be accused of breach of privilege for actions that attack the authority and dignity of the House. Complaints and accusations that lower the image of the House come under the ambit of the Privileges Committee. However, The work of the Ethics Committee and the Privileges Committee often overlap. An allegation of corruption against an MP can be sent to either body, but usually, more serious accusations go to the Privileges Committee.
