INDIA: CODES OF CONDUCT


The gates to Parliament in New Delhi


named by the Speaker, stand automatically suspended from the service for five consecutive sittings or the remainder of the Session, whichever is less” (Rule 374A of the Rules of Procedure and Conduct of Business in Lok Sabha). Even though this Rule was added to the Rule book through an amendment as early as in 2001, it was invoked first time in 2013.


Against this backdrop, it is not quite clear as to what more is sought to be achieved by the recommendation made by the Whips’ Conference held recently with regard to ‘Ensuring Discipline and Decorum in the Houses’, and ‘Code of Conduct for Legislators’. As a matter of fact, in the past too the Whips’ Conferences and other parliamentary forums have, on various occasions, passed several pious resolutions. For example, as early as in 1992,


the First All India Conference of Presiding Officers, Leaders of Parties, Ministers of


Parliamentary Affairs, Whips and Senior Officers of Parliament and State Legislatures adopted a resolution which inter alia stated that “Members should scrupulously observe the Rules of Procedure in order to maintain order and decorum in the House” and that “the political parties evolve a code of conduct for their legislators and ensure observance by them”. Almost ten years later, a similar conference held in 2001, adopted a resolution which spelt out in detail the need for adopting and enforcing a Code of Conduct for Legislators to be incorporated in the Rules of Procedures of the respective Houses and duly punishing those found to be violating or breaching the Code of Conduct.


In 1997, the Rajya Sabha 32 | The Parliamentarian | 2015: Issue One


adopted a Resolution on the occasion of the Golden Jubilee of Independence, which stated that Members should refrain from “transgressing into official areas of the House, or from any shouting of slogans, and invariably desist from any effort at interruption or interference with the address of the President of the Republic”. The prescription speaks volumes about the malady itself.


Finally, the Rules of


Procedure of the Parliament and Legislatures, including the Code of Conduct of parliamentarians and legislators, are matters to be decided by Parliament and the State Legislatures as autonomous institutions of a democratic system. It is, therefore, not at all clear as to what the government proposes to do in the matter. It can, of course, in order to give a more formal structure to the existing


provisions, bring a legislative proposal in the shape of a Bill to be passed by the Parliament. But, would it be desirable or acceptable? References


1 Agnihotri, Dr. V. K. (Ed.) (2004) Handbook on the Working of the Ministry of Parliamentary Affairs. New Delhi: Concept Publishing. 2 Lok Sabha (2008) Second Report of the Committee to Inquire into Misconduct of Members of Lok Sabha (Fourteenth Lok Sabha) on Various Facets of Misconduct and Basic Attributes of Standards of Conduct / Behaviour expected of Members. New Delhi: Lok Sabha Secretariat. 3 Lok Sabha (2009) Rules of Procedure and Conduct of Business in Lok Sabha. New Delhi: Lok Sabha Secretariat.


4 Rajya Sabha (1999) Ethics Committee: First Report. New Delhi: Rajya Sabha Secretariat. 5 Rajya Sabha (2010) Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha). New Delhi: Rajya Sabha Secretariat.


6 Secretary-General Rajya Sabha (2009) Parliamentary Procedures: Problems and Perspectives. New Delhi: Rajya Sabha Secretariat.


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