Understanding the Cash-for-Query Scam in Indian Parliament

• A “cash-for-query” complaint is an accusation that someone took money in exchange for asking questions in Parliament.
• For example, in 2005, 11 former MPs were put on trial for a “cash-for-query” scam. The sting showed them taking cash to raise questions in Parliament

Evolution of Ethics Committee in Parliament:

• Background: A resolution adopted at the Presiding Officers Conference held in October, 1996 which desired the legislatures to explore the possibility of constituting an Ethics Committee. 
• Rajya Sabha Committee: Ethics Committee, Rajya Sabha, the first such Committee by any legislature in India was constituted by the Chairman, Rajya Sabha on 4 March 1997, to oversee the moral and ethical conduct of the Members.
• Application of Rules: It was provided that in all respects of procedure and other matters, the rules applicable to the Committee of Privileges shall apply to the Ethics Committee with such variations and modifications as the Chairman/Speaker from time to time makes. 
• Lok Sabha Committee: Speaker 13th Lok Sabha (Late Shri G.M.C. Balayogi) constituted the first Ethics Committee in Lok Sabha on 16 May, 2000.

Role and Function of Ethics Committee:

• Ensure Good Conduct: To oversee the moral and ethical conduct of the Members;
• Adjudicating Disputes: To examine the cases referred to with reference to ethical and other misconduct of the Members. 
• In-Depth Examination: Examine every complaint relating to the unethical conduct of a member of Lok Sabha referred to it by the Speaker and make such recommendations as it may deem fit. 
• Suggestions and Reforms: Formulate a Code of Conduct for members and suggest amendments or additions to the Code of Conduct from time to time.

Comparative Analysis of Rajya Sabha and Lok Sabha Ethics Committees

Challenges Faced by the Ethics Committee in Parliament

• Overlapping Responsibilities: The Ethics Committee and the Privileges Committee occasionally deal with similar cases. 
  • More serious allegations typically go to the Privileges Committee.
• Conflict with constitutional principles: Parliamentary privileges may sometimes conflict with other constitutional principles, such as equality before the law. 
  • Example: the privilege of immunity from arrest and legal process may be seen as giving members of parliament special privileges that are not available to other citizens.
• Short Tenure: Members of the Committee of Ethics are appointed for a one-year tenure. 
  • This provides very less time for in-depth examination of the Code of Conduct and long-term policy making. 
• Advisory Opinion: Decisions of the Committee on Ethics are advisory and not binding on the Speaker. This can lead to political influence in decision-making. 

Upholding Morality in Indian Politics: Challenges and Imperatives

• Hallmark of Public Life: 
  • Ethics and morality have been the hallmark of public life in India since ancient times.  
• Importance in Freedom Struggle: 
  • This ethical and moral legacy was inherited by its national leaders, who demonstrated a high degree of probity and honesty in public life during the freedom struggle led by Mahatma Gandhi.
• Morality in Practicality: 
  • He not only preached morality in public life but also practised it.  
  • He believed that politics without morality is a thing to be avoided.              
• Recent Issues: 
  • However, in recent years there is a general feeling that all is not well with the  Indian political system which is functioning under great strain. 
  • Concerns are being expressed over the general decline of values in public life. 
• Preventing Abuse of Power: 
  • Morality and ethics serve as a check on the abuse of power by political leaders.
  • When politicians act unethically, it can lead to corruption, authoritarianism, and the erosion of democratic institutions.

Distinguishing Roles: Ethics Committee and Privileges Committee in Parliament

• Overlapping Functions: 
  • The work of the Ethics Committee and the Privileges Committee often overlap.
  •  An allegation of corruption against an MP can be sent to either body, but usually, more serious accusations go to the Privileges Committee.
• Jurisdiction: 
  • A non-MP too can be interrogated by the privilege committee for actions that attack the authority and dignity of the House. 
  • The Ethics Committee can take up only cases of misconduct that involve MPs.

Structure of Parliamentary Committee:

• Standing Committees can be classified into the following six categories:
  • Financial Committees
  • Departmental Standing Committees
  • Committees to Enquire
  • Committees to Scrutinise and Control
  • Committees Relating to the Day-to-Day Business of the House
  • House-Keeping Committees or Service Committees

Importance of Parliamentary Committees in Legislative Oversight

• Provides Legislative Expertise:
  • Most MPs are not subject matter experts on the topics being discussed; they are generalists who understand the pulse of the people.
  • Parliamentary committees are meant to help MPs seek expertise and give them time to think about issues in detail.
• Acting as a Mini-Parliament:
  • These committees act as a mini-parliament, as they have MPs representing different parties elected into them through a system of the single transferable vote,
• Instrument for Detailed Scrutiny:
  • When bills are referred to these committees, they are examined closely and inputs are sought from various external stakeholders.
• Provides a Check on the Government:
  • Although committee recommendations are not binding on the government, their reports create a public record of the consultations that took place and put pressure on the government to reconsider its stand on debatable provisions.
  • By virtue of being closed-door and away from the public eye, discussions in committee meetings are also more collaborative, with MPs feeling less pressured to posture for media galleries.