Ethics panel adopts report for Moitra’s expulsion

Subject: Polity

Section: Parliament

Context: Ethics panel adopts report for Moitra’s expulsion

More about the news:

The Lok Sabha Ethics Committee has adopted its draft report, recommending the expulsion of TMC MP Mahua Moitra from the 17th Lok Sabha for alleged “unethical conduct” and “serious misdemeanours” in response to cash-for-query allegations by BJP MP Nishikant Dubey.
The committee further suggested an intense legal inquiry by the government, emphasizing Moitra’s “highly objectionable, unethical, heinous, and criminal conduct.”
The report was supported by six ruling NDA MPs and opposed by four from the Opposition.
Moitra, accused of sharing her Parliament login, denies the allegations and criticizes the proceedings as a “kangaroo court.”

Some facts about Ethics Committee:

Each of the two Houses of Parliament has an ethics committee. They deal with the members’
Besides overseeing the moral and ethical conduct of members, ethics committee also prepares a Code of Conduct for members, which are amended from time to time.
The ethics committee in Lok Sabha has 15 members while in Rajya Sabha has 10 members.
The members of the Ethics Committee are appointed by the Speaker for a period of one year.
The Committee is currently headed by the BJP MP Vinod Kumar Sonkar

What is the history of Ethics Committees:

A Presiding Officers’ Conference held in Delhi in 1996 first mooted the idea of ethics panels for the two Houses.
Then Vice President K R Narayanan constituted the Ethics Committee of the Upper House on March 4, 1997, and it was inaugurated that May to oversee the moral and ethical conduct of members and examine cases of misconduct referred to it.
The Rules applicable to the Committee of Privileges also apply to the ethics panel.
In the case of Lok Sabha, a study group of the House Committee of Privileges, after visiting Australia, the UK, and the US in 1997 to look into practices pertaining to the conduct and ethics of legislators, recommended the constitution of an Ethics Committee, but it could not be taken up by Lok Sabha.
The Committee of Privileges finally recommended the constitution of an Ethics Committee during 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 only in 2015.

What is the Procedure for complaints:

Any individual has the right to file a complaint against a Member of Parliament (MP) by going through another Lok Sabha MP. This process requires providing evidence of the alleged misconduct and submitting an affidavit affirming that the complaint is not “false, frivolous, or vexatious.“
If the MP in question files the complaint, there is no need for an affidavit.
The Speaker has the authority to forward any complaint against an MP to the Ethics Committee.
Notably, the committee does not entertain complaints solely based on media reports or matters under judicial consideration.
Before deciding to investigate a complaint, the committee conducts a prima facie inquiry and subsequently issues recommendations based on its evaluation.
The committee then presents its report to the Speaker, who seeks the House’s opinion on whether to consider the report.
Additionally, there is provision for a half-hour discussion on the report.