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Trinamool Congress (TMC) MP Mahua Moitra, who stormed out of the Lok Sabha Ethics Committee meeting on Thursday during a hearing on the cash-for-query allegations against her, wrote to Lok Sabha Speaker Om Birla, alleging that she has been subjected to the proverbial “vastraharan” (disrobing) by the panel chairperson in the presence of all members of the committee.
She also alleged “unethical, sordid, demeaning and prejudiced behaviour meted out” to her during the meeting.
In her letter to Om Birla, Moitra said that chairperson of the Ethics Committee Vinod Sonkar, instead of asking questions pertinent to the matter, exhibited a preconceived bias by questioning her in a malicious and defamatory way.
My letter emailed to the Honourable @loksabhaspeaker pic.twitter.com/2wGlWTTej6
— Mahua Moitra (@MahuaMoitra) November 2, 2023
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Sonkar, on the other hand, said that the committee had been tasked with conducting a comprehensive probe into the matter and that instead of cooperating, Moitra turned angry along with other Opposition members and used "objectionable words" and made unethical claims against him.
But what is this Ethics Committee, and why is it handling the 'cash-for-query' case? Let's take a look:
What is the Ethics Committee?
The Ethics Committee, one of 36 parliamentary panels of the Lok Sabha, which works throughout the year, plays an important role in upholding Parliament's dignity and ensuring there are adequate checks and balances. It is the only committee that probes lay citizen's complaints against lawmakers of the Lok Sabha. The Rajya Sabha has a similar panel.
When was the Ethics Committee constituted?
The Rajya Sabha set up its Ethics Committee a year before the Lok Sabha. In October 1996, a conference of the presiding officers of state assemblies and Parliament was held in New Delhi. At the meeting, a number of legislative Speakers supported a proposal to set up Ethics Committees in both Parliament and state assemblies.
The Rajya Sabha constituted its first ethics panel on March 4, 1997, which was inaugurated by then Vice-President and House Chairman KR Narayanan on May 30, 1997.
The Lok Sabha took three more years to form the panel as political turmoil during that period (India saw three Prime Ministers between 1996 and 1998) delayed the setting up of such a panel, a move that required the support of various parties in the House.
The Lok Sabha's privileges committee constituted a study group on January 31, 1997, to lay the ground for creating the ethics panel. However, the report could not be tabled as the Lok Sabha was dissolved on December 4, 1997. While the report was later presented on March 28, 1998, the 12th Lok Sabha was also dissolved in 1999. Finally, on May 16, 2000, the then Lok Sabha Speaker, GMC Balayogi, constituted the first Ethics Committee.
What is the role of the Ethics Committee?
The Ethics Committee's role is to "oversee the moral and ethical conduct of the members and examine cases referred to it with reference to ethical and other misconduct of members," according to the parliamentary portal.
In the Lok Sabha, both the privileges and the ethics panel come under the same branch. While the privileges committee looks into complaints raised by MPs against officials, the media or other MPs, the ethics panel handles common citizens' complaints against lawmakers.
Can anyone file a complaint against an MP?
Yes. Any Indian citizen can file a complaint against a lawmaker. But, in 2014, a sub-committee suggested that such a provision would allow any political rival to lodge complaints against a lawmaker on flimsy grounds. The rule was then modified to the extent that a complaint had to be submitted to the panel through a lawmaker. The idea behind the modification was that a lawmaker would try to protect a fellow MP from non-serious allegations.
In the case of Mahua Moitra, her former friend and Supreme Court lawyer Jai Anant Dehadrai's complaint was forwarded to the Lok Sabha Speaker by Bharatiya Janata Party (BJP) MP Nishikant Dubey.
How does the Ethics Committee function?
All allegations against MPs are initially brought to the attention of the Lok Sabha Speaker or the Rajya Sabha Chairman. In the Lok Sabha, the Speaker makes a decision on the complaints and refers them to the Ethics Committee.
The panel then summons the complainants to hear them and cross-examine their allegations. Following that, the concerned MP is called by the panel for deposition. After hearing both sides, the panel members deliberate and finalise a report, which is presented to the Lok Sabha Speaker.
If the panel recommends any punitive action, a motion is brought to the House based on the proposal, and it is voted upon.
Why were allegations against Moitra referred to the Ethics panel?
On October 19, Moitra's former friend Jai Anant Dehadrai's complaint was sent to the Speaker by BJP MP Nishikant Dubey. According to officials, the issues were related to the moral and ethical in nature. Also, it was a complaint against the MP for corruption issues.
