• UGI USER
  • Dec 07, 2023
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UNPACKING THE ROLE OF PARLIAMENTARY COMMITTEES

Why in the News?

  • The Lok Sabha’s ethics committee is reportedly urging the expulsion of a Trinamool Congress MP for alleged “unethical conduct” and “breach of privileges.”
  • The investigation revolves around accusations of manipulating parliamentary inquiries for financial gain and sharing login credentials.

Ethics Committee’s Role:

  • Formation: Established in 2000, the ethics committee oversees members’ moral conduct.
  • Function: It examines cases of ‘unethical conduct,’ against members referred by other members, outsiders through a member, or by the Speaker.
  • Process: The committee conducts a prima facie inquiry, decides on examining a complaint, and presents findings to the Speaker for House consideration.

Note: The term ‘unethical’ remains undefined, left to the committee’s discretion.

Privileges Committees:

  • Function: This committee deals with severe accusations against members.
  • Historical Precedent: In 1951, a special committee found a member guilty of promoting business interests through parliamentary questions.
  • ‘Cash for Query’ Scam: In 2005, a special committee probed the scandal, leading to the recommended expulsion of 10 Lok Sabha MPs.

Constitutionality of Expulsion:

  • Constitutional Framework: Article 101 outlines grounds for an MP’s seat vacation but does not explicitly mention expulsion.
  • Judicial Dilemma: Supreme Court judgments present conflicting views, allowing Parliament the power to expel members for breach of privilege.
  • A delicate balance is needed to reconcile House privileges and democratic representation.

Challenges and Considerations:

  • Privileges evolved to protect against authoritarianism, but modern democracy demands safeguarding democratic representation.
  • Serious allegations, like ‘cash-for-query,’ necessitate scrutiny, but expulsion may be seen as a disproportionate response.
  • Expulsion leaves constituents without representation until the next election or a bye-election.
  • Maintaining the dignity of the House is vital, but safeguarding democratic representation is equally crucial.

Way Forward:

  • Legal Inquires: Considering the serious nature of allegations, legal inquiries are recommended, with the CBI initiating a preliminary inquiry.
  • Fast Track Court:Suggested fast-track courts could ensure timely trials, offering a resolution within a set timeframe, preventing prolonged vacancies.
  • Maintain Democratic Representation: A conviction in such a trial would result in disqualification under the Representation of the People Act, 1951, maintaining the balance between justice and democratic representation.