#191: Ethics Committee & Mahua Moitra Case
GS2 most comprehensive notes
Everything comes at a price!🙃
Be it a Question in Parliament
Be it expulsion on asking that Q
With #mahuamoitraexpelled,
here is all that you need to know from this case for #UPSC
First, what's Ethics Committee?
• 1/36 committees of Indian parliament meant to uphold Parliamentary dignity
• LS saw its first in 2000 while RS had it in 1997 by then VP KR Naryanan
Complaints filed by:
• Other MPs
• Referred by Speaker
• Ordinary citizens via an MP
Note: Citizens can complain only via another MP with an affidavit
In #mahuamoitra case, Deoghar MP Nishikant Dubey complained against (now) ex-MP
Second, what's mandate of Ethics Committee?
• Ensure adherence to moral/ethical standards by MPs
• Maintain honor & dignity of parliamentary institution
• Scrutinize MP conduct inside & outside the house
• Foster public confidence in its operations
In the existing case, ex-MP Moitra is expelled on charge of unethical conduct
For aspirants to note, the term 'unethical' is undefined
It is decided by committee on case to case basis
But CSEWhy, is this mandate not similar to Privileges Committee?
It is!
Okay, then what's the difference, bro?
2 main differences 😄
• EC is to focus on personal conduct while PC aims to safeguard institutional authority of the house
• EC's maximum reco is expulsion but PC can recommend even imprisonment
See it like this👇🏼
PC focuses on breach of privilege of house or MPs
(Article 105, remember?😉)
EC, on the contrary, is about ethical conduct of MPs
But wait, what's Mahua's unethical conduct?
2 pointers as per Ethics Committee Report:
a) Cash-for-Question
b) Sharing login details
to whom/how/what?
That's immaterial for now for UPSC!🤷🏻
What's material is:
Ethics Committee sends report to Speaker who then puts on floor of parliament for the further course of action!
(Note: EC report is only a recommendation)
Right, CSEWhy! Now tell me about THIRD
• Constitutional word on expulsion
• SC Cases in this regard
As per Indian Constitution:
Article 101 details vacancy of seats by MPs
How?
Resign, disqualification & absence for 60+ sittings
Note that expulsion does not find explicit mention
Where the real description lies, then?
Supreme Court CASES
1. Raja Ram Pal v/s H'nble Speaker (2007)
• Parliament has power to expel members on breach of privilege
• Interpreted Article 101 to include expulsion as a ground
2. Amarinder Singh v/s Punjab Vidhan Sabha (2010)
• Expulsion by state assembly is unconstitutional
• It said "Such scenarios would frustrate objectives of Parliamentary Democracy"
Point to be noted: Similar cases in past
a) 2005: Privileges committee recommended 10 MPs on cash for query scam!
b) 2007: An MP brought his female companion disguised as his wife; conduct found 'unethical'
Okay, so can Mahua go to court?
Yes, she can on 3 grounds:
• Unconstitutional or Illegal process of EC
• Denial of natural justice
...otherwise, no!
But CSEWhy, tell me one thing:
Is Ethics Committee free of challenges and criticism?
Oh, my friend!
You don't need my answer to it
Today's decision is already under criticism
Any action at the top level is never free of challenges & criticism!
Mark it! What can you do about it?
Thoda padho, aage badho!
Aage kaise badho?🤔
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