New Delhi: Amid the cash-for-query controversy surrounding Trinamool Congress MP Mahua Moitra, the Lok Sabha Ethics Committee Friday received an affidavit from businessman Darshan Hiranandani, who alleged that he paid Moitra to raise questions in Parliament on his behalf.
Hiranandani further alleged that Moitra had given him her Parliament login credentials and that she was targeting the Adani Group for fame.
Moitra has denied the accusations and raised questions over the credibility of Hiranandani’s affidavit, alleging that it was “drafted by the PMO” and he was forced to sign it after being “threatened” with “total shut down” of his family’s businesses. She, however, added that she would cooperate with the inquiry.
The Lok Sabha Ethics Committee, headed by Bharatiya Janata Party (BJP) MP Vinod Kumar Sonkar, will examine the allegations and conduct a thorough investigation into the claims, which were first brought out by BJP’s Nishikant Dubey in front of Lok Sabha Speaker Om Birla, where he accused Moitra of breach of parliamentary privilege, contempt of the House, and criminal conspiracy.
In his letter to the Speaker, Dubey said his communication was based on a letter he received from Supreme Court lawyer Jai Anant Dehadrai. The Ethics Committee will on 26 October hear the testimony of Dehadrai.
Dehadrai, who is said to be Moitra’s former partner, reportedly alleged that he was pressured to withdraw his letter to Dubey and his CBI complaint regarding bribery charges against Moitra.
ThePrint explains what the Parliamentary Ethics Committee is, how it was formed and what it does.
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Rajya Sabha and Lok Sabha Ethics Committees
The Ethics Committee in the Rajya Sabha was constituted in 1997 by the then vice-president of India and the chairman of Rajya Sabha, K.R. Narayanan to oversee the ‘moral and ethical conduct of members’ and examine cases of misconduct referred to it.
According to the Rajya Sabha handbook, the process for setting up the committee started way back in 1993 when the then government formed the Vohra Committee to investigate the activities of crime syndicates/mafia organisations, who allegedly had links with and were being protected by the government authorities and politicians.
Headed by the then Union home secretary N.N. Vohra, the committee presented its first report to the Government of India, which was then put before both Houses of Parliament on 1 August 1995.
After several rounds of deliberations, the committee agreed to establish an internal structure of the House that would function as a self-regulatory body for Rajya Sabha members. The body would also authorise the chairman of the Rajya Sabha to form an Ethics Committee, which would oversee the moral and ethical conduct of its members.
At the inauguration of the committee on 30 May 1997, its first chairman S. B. Chavan said that there was an “urgent need for having a self-regulatory mechanism within the legislature, which could oversee the ethical and moral conduct of the members,” according to the handbook.
In his speech on the day, then-member of Opposition, Sikander Bakht, however, had questioned the committee’s role and its code of conduct.
“I wonder what service we can do to society through the ethics committee. I am all the more aggrieved because the committee is trying to inculcate ethics only among the politicians, the MP… is it only the politicians who are committing this sin?”, he had asked, adding that the Ethics Committees of the US have been a failure, quoted the handbook.
Meanwhile, the Lok Sabha Ethics Committee was constituted in 2000, but it became a permanent feature of the House only in 2015. However, it had a different starting point.
According to the Lok Sabha website, in 1997, the Lok Sabha Committee of Privileges studied lawmaker ethics and conduct in Australia, the UK, and the US and prepared an ethics committee report.
The report by the Committee of Privileges could not be presented in the 11th Lok Sabha as it was dissolved prematurely. The same fate befell the 12th Lok Sabha, which also did not last its full term. It was only in the 13th Lok Sabha that the privileges committee revisited the report and suggested setting up an Ethics Committee.
An ad hoc Ethics Committee was subsequently constituted by the Speaker of the 13th Lok Sabha, G.M.C Balayogi on 16 May, 2000. Among other things, it recommended that members adhere to the general ethical principles outlined in the report in addition to the rules, directives, and conventions that have developed over time.
The first report was placed on the table of the House on November 22, 2001, and it was adopted by the House on May 16, 2002.
The ad hoc committee finally became a permanent Ethics Committee on 12 August, 2015, in the 16th Lok Sabha. The most recent meeting of the Lok Sabha’s Ethics Committee was on 27 July, 2021, when an evaluation was held on the code of conduct for MPs.
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Difference between committees
The Ethics Committee and the Privileges Committee are both concerned with maintaining the dignity and decorum of Parliament and its members. However, they have some differences in their scope and functions.
Instead of the Ethics Committee, more serious complaints go to privileges or special panels in the Lok Sabha. The rules applicable to the Ethics Committee also apply to the Committee of Privileges.
The Privileges Committee deals with cases of breach of privilege or contempt of Parliament by MPs or non-MPs. The Ethics Committee deals with cases of ethical misconduct or violation of the code of conduct by MPs only.
The Privileges Committee can recommend punitive actions against those found guilty of breach of privilege or contempt of Parliament. These actions may include admonition, reprimand, suspension or expulsion from Parliament.
The Ethics Committee can recommend corrective actions against those found guilty of ethical misconduct or violation of the code of conduct. These actions may include apology, censure, withdrawal of parliamentary facilities or privileges, or removal from parliamentary committees.
In an instance, such as Moitra’s case that has a corruption allegation, the complaint can be sent to either of the committees as it involves an accusation of serious breach of privilege and contempt of the House. However, Moitra’s case has now been referred to the Ethics Committee.
When was Privilege Committee formed?
The Privilege Committee was formed by the Speaker of the 17th Lok Sabha Om Birla on October 9, 2019. The committee has 15 members in Lok Sabha and 10 members in Rajya Sabha, who are nominated by the Speaker and the Chairman, respectively. The deputy chairperson of Rajya Sabha is the head of the privilege committee in that House.
The committee’s role is to examine cases of breach of privilege or contempt of the House and make suitable recommendations. The committee can summon witnesses and documents for its inquiry and submit a report within a month of receiving a reference from the House or the Speaker.
The report of the committee is presented to the House by the Chairman or any member of the committee in his absence.
When the Speaker refers a matter pertaining to privilege to the committee pursuant to Rule 227 of the Ethics Committee handbook, the committee’s report is brought before the Speaker, who has the authority to make final decisions or order that it be placed on the House Table.
Members of the Ethics Committee
The present Rajya Sabha Ethics Committee is headed by BJP MP Prakash Javadekar.
It consists of 13 members, including Javadekar, who is the sole BJP MP, Congress MP Jairam Ramesh, TMC MP Derek O Brien, DMK MP Tiruchi Siva, AAP MP Sanjay Singh and BJD MP Sasmit Patra. The others include V. Vijayasai Reddy (Yuvajana Sramika Rythu Congress Party), Dr. K. Keshava Rao (Telangana Rashtra Samithi), Prem Chand Gupta (RJD), Elamaram Kareem (CPI-M), Jaya Bachchan (SP), Misha Bharti (RJD) and P.T Usha (nominated).
The members are nominated by the Chairman, who is from the largest party in the House — in this case, it is the BJP.
On the other hand, the Lok Sabha committee is headed by BJP’s Sonkar.
Including Sonkar, the committee has 15 members —Vishnu Datt Sharma, Sumedhanand Saraswati, Aparajita Sarangi, Dr Rajdeep Roy, Sunita Duggal, and Subhash Bhamre from the BJP; V. Vaithilingam, N. Uttam Kumar Reddy, Balashowry Vallabbhaneni, and Preneet Kaur from the Congress; Hemant Godse of the Shiv Sena; Giridhari Yadav from the JD(U); P.R Natarajan of the CPI(M); and Danish Ali of the BSP.
All members are appointed by the Speaker. Its role is to investigate any complaint relating to unethical conduct of a Lok Sabha member referred to it by the Speaker and make such recommendations as it deems proper.
The term of both the Rajya Sabha and Lok Sabha committees is one year.
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Reports submitted by both committees
The Rajya Sabha Ethics Committee has submitted three reports so far — on 8 December, 1998, 13 December, 1999, and 12 August, 2002. The first two reports were adopted by the House on the same day, 15 December, 1999. The third report is still pending for discussion and adoption by the House.
The first report of the committee laid down a general framework of a code of conduct for Rajya Sabha members. The second report dealt with the procedure for filing complaints, taking suo moto notice, conducting inquiries and imposing penalties for unethical conduct or code violations. The House unanimously approved both reports, on the same day— 15 December, 1999.
The third report, among other things, urged political parties to refrain from nominating candidates with “dubious distinction” to legislatures and recommended the formation of ethics committees in state and union territory assemblies. The recommendations are yet to be adopted.
In the Lok Sabha, the first report of the Ethics Committee was presented to the Speaker on December 16, 2014 and tabled in the House on December 18, 2014.
Who can file a complaint?
To ensure fairness and transparency, the committee recommends establishing a well-publicised public system for handling complaints and allegations of ethical wrongdoing against members.
Anyone can file a complaint about a member’s alleged unethical behaviour or inaccurate disclosure of their interests, but they must reveal their identity and provide evidence to back up their claims. The committee will keep the complainant’s name confidential if it accepts the complaint.
The committee also stated that it will not consider any complaint based solely on a media report as valid. Moreover, the committee will not deal with matters that are sub judice. Members can also refer cases to the committee, and the committee can suo motu take up issues.
Complaints should be submitted in writing to the committee or to an authorised officer in the prescribed form and manner.
What is the punishment for MPs?
The Lok Sabha Ethics Committee suggested that if unethical or other misconduct or a violation of the code is proven, it may recommend to the House the imposition of one or more of the following penalties — censure; reprimand; suspension from the House for a specified period of time; and any other penalty deemed appropriate by it.
Speaking to ThePrint, former general secretary of Lok Sabha, P.D.T. Achary said the committee is tasked with examining the immoral conduct of any member of the houses.
Sharing an anecdote, he said, “There was a case from the early 2000s in the Lok Sabha, where a member (whose name he did not take) was suspended for 30 sittings in the house after it came to light that he had taken someone on official government visits, impersonating as his spouse.”
In Moitra’s case, Achary said that the committee would take evidence from both the complainant and the member in question and also examine other people connected with her.
“Once a report is ready, the committee will forward it to the Speaker, who will then lay it before the house and will adopt it directly,” he added.
Achary explained that, if the committee determines a complaint is valid and within its jurisdiction, it would conduct a preliminary inquiry.
“The committee may drop the subject if there is no prima facie case and if the complaint is false and vexatious after completing a preliminary inquiry,” he added.
If, however, the complaint is found to be mala fide or false, it will be considered a breach of parliamentary privilege by the Committee, he told ThePrint.
(Edited by Richa Mishra)
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