Role of “Special Inquiry Committee”of Parliament

Role of “Special Inquiry Committee”of Parliament

Important for Prelims:

The ethics committee, Trinamool Congress Party, Contempt of the House, Article 101, Privileges Committee or Special Inquiry Committee, 'Cash for Query' scam, Raja Ram Pal vs Hon'ble Speaker (2007) case, Representation of the People Act,1951

Important for Mains:

GS-2: Role of Ethics Committee, Inquiry matters related to Privileges Committee, whether expulsion is constitutional

Dec. 07, 2023

 

Why in the news:

Recently, the Ethics Committee of the Lok Sabha has recommended the expulsion of Trinamool Congress Member of Parliament (MP) Mahua Moitra from the Lok Sabha for her "unethical conduct", "breach of privileges"and "Contempt of the House."

What is the matter:

  • Trinamool Congress MP Mahua Moitra has been facing serious allegations of 'cash for query' and sharing of log-in credentials. The Ethics Committee is investigating all these serious allegations.

'Cash for Query'

  • Cash for query means taking cash in exchange for asking a question.
  • In political terminology, the matter of taking cash in return for asking questions in Parliament is known as Cash for Query Scam.

‘Log-in Credentials’

  • Log-in Credentials means User ID and Password.

What is the role of Ethics Committee:

  • The Ethics committee was constituted in 2000, to oversee the moral and ethical conduct of members and examine cases of 'unethical conduct' referred to it.
  • The Committee examines complaints filed against members of the House by other members, outsiders through a member, or referred by the Speaker.
  • The Committee makes a prima facie inquiry before deciding to examine a complaint and presents its report to the Speaker, who places it before the House for consideration.
  • It must be noted that the term 'unethical' is not defined. It is left to the Committee to decide whether any act is unethical or not.
  • In 2007, an MP accompanying his close female companion, impersonating her as his wife was considered 'unethical' by the Committee. It recommended suspension of the MP from 30 sittings of the House.

About Privileges Committee:

  • Privileges Committee or Special Inquiry Committee examines the more serious accusations against a member (i.e. cases of breach of privileges of the House) and recommends appropriate action.
  • It consists of 15 members of Lok Sabha and 10 members of Rajya Sabha. Its functioning is quasi judicial.
  • The current chairperson of the Committee of Privileges (Lok Sabha) is Meenakshi Lekhi.
  • In 1951, a special committee found a member guilty of promoting a business interest by putting questions in return for financial benefits.
  • In the year 2005, the 'Cash for Query' scam was inquired by a special parliamentary committee, where the expulsion of 10 Lok Sabha MPs was recommended.

Significance:

  • These privilege committees provide freedom of expression to the members of Parliament and protect them from court proceedings against them for their actions in Parliament, so that the parliamentary process continues uninterrupted.
  • Also, these committees play an important role in protecting the dignity, authority and respect of the Parliament.

Is expulsion constitutional:

  • The Constitution under Article 101 lists down the grounds for vacation of a seat by an MP. It includes voluntary resignation, disqualification and continuous absence from the House for 60 sittings. Expulsion is not mentioned explicitly in the Constitution.
  • However, the Supreme Court has provided conflicting judgments in this regard. In Raja Ram Pal versus Hon'ble Speaker (2007), it upheld the power of Parliament to expel its members for breach of privilege by interpreting Article 101 to include expulsion as a ground.
  • But in Amarinder Singh versus Special committee, Punjab Vidhan Sabha (2010), the Supreme Court held expulsion by the State Assembly as unconstitutional. It held that such scenarios would frustrate the objectives of Parliamentary democracy.

Way forward:

  • The allegations of 'cash for query' against Mahua Moitra are of serious nature.
  • However, can expulsion for such action be viewed as disproportionate punishment?
  • It is important to maintain the dignity and privileges of the House, hence in a modern democracy it should be ensured that democratic representation is not biased for political reasons.
  • It should be noted that the investigation proceedings of the parliamentary committee should not be as detailed as judicial cases and there should be speedy resolution of the matter.
  • There is a need to avoid misuse of CBI and other investigating agencies to investigate such cases.
  • Fast track courts should be set up to hear such cases within a time limit of 60 days.
  • Representatives convicted in such cases should be disqualified under the Representation of the People Act, 1951. Otherwise, they should continue to be a member of the House.

Source: The Hindu

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Mains Question

Discuss the role of “Special Inquiry Committees” of Parliament.