INDIA: CODES OF CONDUCT
Legislatures through Increased Use of Information and Communication Technology. On the opening day of the conference, the headline in a prominent Indian newspaper screamed: ‘Modi Government to formalize code of conduct for MPs’. Actually, the functioning of the Indian Parliament, in recent times, has been a matter of concern with all stakeholders. I shall, therefore, discuss the Agenda Item of the conference relating to the ‘Code of Conduct for Legislators’, which subsumes several issues such as ensuring discipline and decorum and presence of members in the Houses, among others. The media has reported that the Whips’ conference expressed concern over the growing indiscipline and lack of decorum in the Houses and recommended that some sort of Code of Conduct was considered desirable for maintaining discipline and decorum.
In a study conducted by the Rajya Sabha Secretariat in 2009, it was pointed out that instances of interruptions and disruptions, leading sometimes even to adjournment of the proceedings in the House have increased in recent times. It bemoaned that instances of disturbances and pandemonium have become a regular phenomenon, resulting in wastage of resources. However, as far as seeking a solution to this problem is concerned, there is no dearth of resolutions, rules, regulations and guidelines, and even a so-called Code of Conduct, for this purpose. Actually, the Code of Conduct goes beyond the conduct of Hon’ble Members of Legislatures within the precincts of the House.
Let us first look at the rules and guidelines in this regard. As reported, the ‘Handbook for Members’ of the two Houses
“In a study conducted by the Rajya Sabha Secretariat in 2009, it was pointed out that instances of interruptions and disruptions, leading
sometimes even to adjournment of the proceedings in the House have increased in recent times. It bemoaned that instances of disturbances and pandemonium have become a regular
phenomenon.”
details the Guidelines. For example, ‘The Handbook of the Rajya Sabha’ (The Council of States or the Upper House) has three sections (2.2 to 2.4) entitled Parliamentary Customs and Conventions (14 items), Parliamentary Etiquette (43 items), and Code of Conduct for Members (14 items). These guidelines are broadly based and expand on the Rules and Procedures prescribed by the ‘Rajya Sabha Rules of Procedure and Conduct of Business in the Council of States’ and the rulings given by the Chair from time to time [‘Rulings and Observations from the Chair (1952-2008’)]. Thus there is a modicum of codification already. The Rajya Sabha Rules mentioned above
have very specific provisions, vide Rule 235 (Rules to be observed in Council) and Rule 238 (Rules to be observed while speaking). Inter alia they prescribe that a Member shall not obstruct proceedings, hiss or interrupt and avoid making running commentaries when speeches are being made in the Council, shall maintain silence when not speaking, shall always address the chair, shall not use his right to speech for the purpose of obstructing the business of the Council, shall not utter treasonable, seditious and defamatory words and so on. The Rajya Sabha Rules further have a section titled Committee on Ethics (Rules 286-303). This Committee on Ethics is inter alia required to oversee the moral and ethical conduct of Members and prepare a Code of Conduct for Members. The Committee has accordingly prepared a Code of Conduct, which was adopted by the Rajya Sabha as far back as in 1999. It is a 14-Point Code, which has two omnibus and comprehensive provisions, namely: “(i) Members must not do anything that brings disrepute to the Parliament and affects their credibility.
“(xiv) Members are expected to maintain high standards of morality, dignity, decency and values in public life.” The other items of the code address issues such as conflict of interest, illegal gratification, gifts, disclosure of confidential information, secular values, fundamental duties enumerated in the Constitution of India etc. The Committee on Ethics is empowered to examine cases concerning the alleged breach of the Code of Conduct by Members as also cases concerning allegations of any other ethical misconduct by Members. A detailed procedure for conducting the inquiry
by the Committee has been prescribed, at the end of which the Committee can recommend any of the following sanctions: (i) censure; (ii) reprimand; (iii) suspension from the House for a specific period; and (iv) any other sanction determined by the Committee to be appropriate. In the past, the Committee has recommended expulsion of a Member from the House. The Report of the Committee is placed before the full House for adoption through a motion for its consideration. The Rajya Sabha Rules also empower the Chairman to direct a Member to withdraw from the House or even to suspend him/ her for a period not exceeding the remainder of the session, in case he/she indulges in grossly disorderly conduct.
Rules of Procedure and Conduct of Business in Lok Sabha (the House of the People or the Lower House) too have similar provisions, more or less. Its Code of Ethics lists nine General Ethical Principles, namely accountability, honesty, integrity, objectivity, openness, public interest, responsibility, selflessness and leadership. However, so far the Lok Sabha does not have a permanent Ethics Committee. In case a complaint of misconduct by a Member is received by the Speaker, he/she may appoint a Committee to examine and investigate the matter and submit a report. Unlike the Rajya Sabha, the Rules do specifically provide for expulsion as a punishment. Moreover, in addition to the power of the Speaker to direct a Member to withdraw or to suspend him/ her for disorderly conduct, there exists a provision for automatic suspension in the event of grave disorder occasioned by a Member coming into the well of the House etc. If the circumstances so warrant, “such member shall, on being
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