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Lok Sabha panel draws up code of conduct for MPs

Special Correspondent

NEW DELHI: In an attempt to address the issue of “conflict of interest,” a Lok Sabha committee set up to “inquire into misconduct of members” has drawn up a Code of Conduct for members prohibiting them from voting in the House or a Committee on an issue in which they have a “direct, pecuniary or personal interest.”

The Privileges Committee of the Lok Sabha — in separate reports tabled in the Lok Sabha on Wednesday along with the Code of Conduct — ruled against codification of parliamentary privileges and has sought amendments to the Right to Information Act, 2005, to keep decisions taken by the House/Speaker on an RTI application out of the review of the Chief Information Commissioner (CIC).

As per the Code of Conduct, every member of the House will have to furnish particulars of “registrable interests” with the Secretary-General. It also details “conflict of interest” and states that members, “while performing their parliamentary and public duties, shall avoid conflict between their private interest and the public interest and resolve any conflict, should such a conflict arise between the two, at once and in favour of the public interest.”

Any kind of misconduct — including voting on a matter where the issue of conflict of interest arises — can invite expulsion, suspension from the House or Committee for a specified period of time, admonishment or reprimand.

In another report on ‘Parliamentary Privileges – Codification and related matters,’ the Committee has said there is no need to codify the privileges. It noted that awareness needs to be generated in regard to the true import of the term parliamentary privileges and the ground realities that exist.

While recommending against codification of privileges, the Committee was guided by the fact that during the past five-and-a-half decades there had been only one case of admonition, two cases of reprimand and one case of expulsion for commission of breach of privilege and contempt of the House.

Pointing out that the power of privileges had been used sparingly and not misused “as erroneously believed in some quarters,” the Committee said: “Under the circumstances, there doesn’t arise an occasion for codification of parliamentary privileges.” Only one member of the Committee — Sebastian Paul — dissented with the majority view against codification of privileges.

In its report on ‘Requests from Courts of Law and investigating agencies for documents pertaining to proceedings of House, Parliamentary Committees or which are in the custody of Secretary-General, Lok Sabha, for production in Courts of Law and for investigation purposes,’ the Committee has detailed the amendment suggested to the RTI Act.

As per the amendment suggested by the Committee, people seeking information from the House under the RTI Act should cite a reason. The Speaker should be empowered to refer a request to the Committee of Privileges for examination if he/she feels that the information sought has the potential to call into question the proceedings of the House or of any Committee in any court. And, the Speaker’s decision “may not be open to review by the CIC.”

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