Which of the following statements about the Ethics Committee in the Lok Sabha are correct?

  1. Initially it was an ad-hoc Committee.
  2. Only a Member of the Lok Sabha can make a complaint relating to unethical conduct of a member of the Lok Sabha.
  3. This Committee cannot take up any matter which is sub-judice.

Select the answer using the code given below:

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Correct Answer: (c) 1 and 3 only

Explanation

  • Statement 1: Initially, it was an ad-hoc Committee.
    • This statement is correct. The Ethics Committee in the Lok Sabha was initially constituted as an ad-hoc committee in 2000 by the late Speaker G M C Balayogi and became a permanent part of the House only in 2015.
  • Statement 2: Only a Member of the Lok Sabha can make a complaint relating to unethical conduct of a member of the Lok Sabha.
    • This statement is incorrect. Any person can complain against a Member through another Lok Sabha MP, along with evidence of the alleged misconduct and an affidavit stating that the complaint is not “false, frivolous, or vexatious”.
  • Statement 3: This Committee cannot take up any matter which is sub-judice.
    • This statement is correct. The Ethics Committee does not entertain complaints based only on media reports or on matters that are sub-judice.

Learn more

Lok Sabha’s Ethics Committee

  • Constitution and History:
    • The idea of ethics panels for the two Houses was first mooted at a Presiding Officers’ Conference held in Delhi in 1996.
    • The Rajya Sabha constituted its Ethics Committee on March 4, 1997, inaugurated in May 1997.
    • In the Lok Sabha, a study group of the House Committee of Privileges recommended the constitution of an Ethics Committee in 1997, but it was not taken up until 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 in 2015.
  • Functions:
    • The Ethics Committee examines every complaint relating to unethical conduct of a Member of Lok Sabha referred to it by the Speaker and makes recommendations as it deems fit.
    • It oversees the moral and ethical conduct of members and examines cases of misconduct referred to it.
  • Procedure for Complaints:
    • Any person can complain against a Member through another Lok Sabha MP, along with evidence of the alleged misconduct and an affidavit stating that the complaint is not “false, frivolous, or vexatious”.
    • The Speaker can refer any complaint against an MP to the Committee.
    • The Committee does not entertain complaints based only on media reports or on matters that are sub-judice.
    • The Committee makes a prima facie inquiry before deciding to examine a complaint and makes its recommendations after evaluating the complaint.
  • Potential Outcomes:
    • If the Ethics Committee finds merit in the complaint, it can recommend punishments such as suspension of the MP for a specified period.
    • The House, which includes all MPs, will ultimately decide whether to accept the committee’s recommendation and determine the nature and extent of the punishment, if any.
    • If the accused were to be expelled or face a potentially adverse decision, they could challenge it in a court of law on limited grounds such as unconstitutionality, gross illegality, or denial of natural justice.
  • Notable Cases:
    • In 2005, the two Houses adopted motions to expel 10 Lok Sabha MPs and one Rajya Sabha MP accused of agreeing to ask questions in Parliament for money, based on the Bansal Committee’s report.
Reflection in IAS EXPRESS

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