Ethics Committee ( Rajya Sabha & Lok Sabha )
The genesis of formation of Ethics Committee in Parliament can be traced to a resolution adopted at the Presiding Officers Conference held in New Delhi in October, 1996 which desired the legislatures to explore the possibility of constituting Ethics Committee. It is in pursuance of this resolution that endeavour for setting up of Ethics Committee in Indian Legislatures began in right earnest.
The Ethics Committee, Rajya Sabha, the first such Committee by any legislature in India was constituted by the Chairman, Rajya Sabha on 4 March 1997, to oversee the moral and ethical conduct of the Members and to examine the cases referred to it with reference to ethical and other misconduct of Members. It was provided that in all respects of procedure and other matters, the rules applicable to the Committee of Privileges shall apply to the Ethics Committee with such variations and modifications as the Chairman, Rajya Sabha may, from time to time, make. The Committee was inaugurated by the then Vice-President of India and the Chairman of Rajya Sabha, Shri K.R. Narayanan, on 30 May 1997.
Main functions of the Committee: Under Rule 290 of the Rules of Procedure and Conduct of Business in the Council of States, the Committee on Ethics has the following functions to perform, namely:
(a) to oversee the moral and ethical conduct of members;
(b) to prepare a Code of Conduct for members and to suggest amendments or additions to the Code from time to time in the form of reports to the Council.
(c) to examine cases concerning alleged breach of the Code of Conduct by members as also cases concerning allegations of any other ethical misconduct of members; and
(d) to tender advice to members from time to time on questions involving ethical standards either suo motu or on receiving specific requests.
15.2 Constitution of the Committee : The Committee consists of ten members who are nominated by the Hon’ble Chairman, Rajya Sabha. The Committee holds office until a new Committee is constituted. The present Committee was re-constituted on 29th September, 2010. The casual vacancies arising from time to time are filled in by nomination by Hon’ble Chairman, Rajya Sabha.
Rule 297 of the Rules of Procedure and Conduct of Business in the Council of States provides that where it has been found that a member has indulged in unethical behaviour or that there is other misconduct or that the member has contravened the Code/Rules, the Committee may recommend the imposition of one or more of the following sanctions viz:
(a) censure;
(b) reprimand;
(c) suspension from the Council for a specific period; and
(d) any other sanction determined by the Committee to be appropriate.
As regards the Lok Sabha is concerned, the Committee of Privileges during the 11 th Lok Sabha constituted a Study Group on 31 January, 1997 for undertaking study of Parliamentary Privileges, Ethics and related matters. The Study Group visited Australia, United Kingdom and United States America to study the position obtaining in these countries regarding matters pertaining to ethics and standards of conduct of Members etc. Later it finalized its report covering in detail the various facets of Parliamentary Privileges and more particularly ethical matters. The Committee also attended the symposium at the Presiding Officers Conference at Shimla on 23 October, 1997 on the subject 'Need for Constitution of the Ethics Committees in Legislatures in India.'
However, before the report could be laid at the Table of the House, the 11th Lok Sabha was dissolved on 4 December, 1997. The report was subsequently laid at the Table during the 12th Lok Sabha on 28 March, 1998. The Committee of Privileges in 12th Lok Sabha took up for consideration the follow up action of the above report. However, the 12th Lok Sabha also was dissolved on 26 April, 1999. As a consequence, the recommendation made in the Ethics Related Report could not be taken to a logical conclusion. Again in the 13th Lok Sabha, the un-finished agenda was brought to the notice of the Committee of Privileges. The Committee without any prejudice to the earlier recommendations made in the 11 th Lok Sabha, recommended that a separate Ethics Committee be constituted in Lok Sabha. This report was presented to the Speaker on 4 April, 2000 and was laid on the Table on 18 April, 2000. In pursuance thereof, the Speaker 13th Lok Sabha (Late Shri G.M.C. Balayogi) constituted the first Ethics Committee in Lok Sabha on 16 May, 2000 with the following terms of reference namely:-
(a) to oversee the moral and ethical conduct of the Members; and
(b) to examine the cases referred to it with reference to ethical and other misconduct of the Members.
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