Ethics Committee

What’s in Today’s Article?

• Why in News?
• Ethics Committee of the Parliament
• Composition & Functions of the Ethics Committee Lok Sabha
• Procedure for Complaint to the Ethics Committee Lok Sabha
• Are the Recommendations of the Ethics Committee Binding?
• How is Ethics Committee Different from Privilege Committee?
• News Summary

Why in News?

• Lok Sabha Speaker Om Birla has referred BJP MP Nishikant Dubey’s “bribe-for-query” complaint against Trinamool Congress member Mahua Moitra to the Ethics Committee of the Lower House.

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Ethics Committee of the Parliament

• This committee was constituted in Rajya Sabha in 1997 and in Lok Sabha in 2000.
• It enforces the code of conduct of members of Parliament. It examines the cases of misconduct and recommends appropriate action.
• Thus, it is engaged in maintaining discipline and decorum in Parliament.

Composition & Functions of the Ethics Committee Lok Sabha

• The committee should not contain more than 15 members.
• The committee members are nominated by the Speaker and hold office for a term not exceeding one year.
• The committee can 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.
• The committee can formulate a Code of Conduct for members and suggest amendments or additions to the Code of Conduct from time to time.

Procedure for Complaint to the Ethics Committee Lok Sabha

• Any person or member may make a complaint relating to unethical conduct of a member of Lok Sabha.
  • If a complaint is made by any person, it has to be forwarded by a member.
• 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 recommendations of the Committee shall be presented in the form of a report.
• The report shall be presented to the Speaker who may direct that the report be laid on the Table of the House.
• 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.

Are the Recommendations of the Ethics Committee Binding?

• After the report has been presented, the Chairperson or any member of the Committee or any other member may move that the report be taken into consideration whereupon the Speaker may put the question to the House.
• Before putting the question to the House, the Speaker may permit a debate on the motion, not exceeding half an hour in duration
• The House may or may not agree with the recommendations contained in the report.

How is Ethics Committee Different from Privilege Committee?

• The Privilege committee examines the cases of breach of privileges of the House and its members and recommends appropriate action.
• The work of the Ethics Committee and the Privileges Committee often overlap.
• A corruption allegation against an MP can be sent to either body as it involves an accusation of serious breach of privilege and contempt of the House.
• The mandate of the Committee of Privileges is to safeguard the “freedom, authority and dignity of Parliament”.
• These privileges are enjoyed by individual members as well as the House as a collective.
• Thus, while MPs can be examined for breach of privilege on corruption charges, a person who is not an MP can also be accused of breach of privilege for actions that attack the authority and dignity of the House.
• In the case of the Ethics Committee, however, only an MP can be examined for misconduct.

News Summary

• 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.
• The BJP MP has accused Mahua Moitra of accepting money from a businessman to ask questions in Parliament.
• In his letter to the Speaker, Mr. Dubey said 50 of 61 questions that she has asked in Lok Sabha till recently were focused on the Adani Group.
• Meanwhile, Ms. Moitra moved the Delhi High Court seeking to restrain Mr. Dubey, and several social media platforms and media houses from posting, circulating or publishing any alleged fake and defamatory content against her.

Q1) What is meant by Standing Committee?

In the Indian Parliament, a Standing committee is a committee consisting of Members of Parliament or MPs . It is a permanent and regular committee which is constituted from time to time according to the provisions of an Act of Parliament or Rules of Procedure and Conduct of Business.

Q2) What is Ad hoc Committee?

Ad hoc Committees are appointed for a specific purpose and they cease to exist when they finish the task assigned to them and submit a report. The principal Ad hoc Committees are the Select and Joint Committees on Bills.

Source: Mahua Moitra matter goes to LS Ethics Committee: What it does and who all are in it | Lok Sabha