What happens now in Mahua Moitra cash-for-query case

Subject: Polity

Section: Parliament

How serious is Nishikant Dubey’s accusation:

An MP asking questions in return for consideration is a serious issue that can undermine the integrity of the parliamentary process.
If this is established, the matter should be referred to the Privileges Committee, which may recommend that the MP be expelled from the House. This issue is relevant to all countries with a parliamentary system of government.
For serious matters, there is either the Privileges Committee or a special committee appointed by the House for that particular purpose.

Was an MP previously accused of granting access to Parliament website to others:

No. This system has come into existence recently.
As per the rules of Lok Sabha, a Member has to submit a question in a particular form signed by him or her with their identity number.
The question can be delivered by someone on the Member’s behalf, but it has to be signed by the Member.
The signature is verified and the question is then processed.

Is there a rule that specifically bars Members from giving their Parliament login and password to a third person:

There is no such rule yet because the practice of online submission of questions is recent.
The rule should have been amended when online submissions were allowed.

What will happen once the Committee starts its proceedings:

The Committee will call the persons who are involved, the stakeholders i.e the person who made the complaint, the people who made statements, filed affidavits and take their evidence.
After that, the Committee will certainly call the Member against whom the complaint has been made.
He/She has the right to cross-examine the complainant.
He/She can also seek the permission of the Speaker to appear through an advocate, who can cross-examine the other side.

What’s the potential duration for the Committee’s decision and the maximum recommended punishment

The time a Committee takes depends on the complexity of the case.
In the normal course, two months’ time can be given, and the Committee can seek an extension if needed.
Moreover, the Ethics Committee can only recommend suspension.
The Ethics Committee does not have the mandate to refer the matter to an investigative agency like the CBI or police.

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.

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.

Who can file complaint:

Any person may make a complaint to the Committee regarding alleged unethical behavior or breach of Code of Conduct by a member or alleged incorrect information of a member’s interests.
The Committee may also take up matters suo moto.

What is the punishment that the committee can give:

Where it has been found that a member has indulged in unethical behaviour or there is other misconduct or a member has contravened the rules, the Committee may recommend imposition of one or more of the sanctions.
This may include censure, reprimand, suspension from the House for a specific period or any other sanction determined by the Committee.