Code of Conduct for Members of Legislature

Why in news?

Rajya Sabha Chairman has urged political parties to evolve a consensus on the code of conduct for members of legislatures.

What is the present state of Code of Conducts?

• A Code of Conduct for members of Rajya Sabha has been in force since 2005.
• However, there is no such code for the Lok Sabha.
• A code for Union ministers was adopted in 1964, and state governments were advised to adopt it as well.
• A conference of Chief Justices in 1999 resolved to adopt a code of conduct for judges of the Supreme Court and High Courts.
• The 15-point ‘Re-instatement of Values in Judicial Life’ was adopted.
• It recommended that serving judges should maintain an air of “aloofness” in their official and personal lives.

What is the case with Rajya Sabha?

• The first step was the constitution of Parliamentary Standing Committees on Ethics in both Houses.
• The Committee came into place in Rajya Sabha in 1997.
• It was to oversee the moral and ethical conduct of the Members.
• It was also tasked to examine the cases referred to it with reference to ethical and other misconduct of Members.
• The First Report of the Ethics Committee was adopted in 1999 and its framework was reiterated in subsequent reports.
• The Fourth Report was adopted by Rajya Sabha in 2005.
• A 14-point Code of Conduct for members of the House has been in force since then.
• These include the following:

1. In case of conflict between personal interests and public trust, members should resolve it, with private interests subordinated to the duty of public office.
2. Members should ensure that their and members of their immediate family's private financial interests do not come in conflict with the public interest
3. In case of any such conflict, it must be resolved without compromising the public interest.
4. Members should never expect or accept any fee, remuneration or benefit for a vote given or not given by them on the floor of the House. This would apply to

1. introducing a Bill
2. moving a resolution or desisting from moving a resolution
3. putting a question or abstaining from asking a question
4. participating in the deliberations of the House or a Parliamentary Committee

• Besides, the Rules of Procedure and Conduct of Business in the Council of States specifies some provisions.
• It mandates maintaining a ‘Register of Member’s Interests’ in such form as may be determined by the Ethics Committee.
• This shall be available to members for inspection on request.
• This is also accessible to ordinary citizens under the RTI Act.

What is the Code in Lok Sabha?

• The first Ethics Committee in Lok Sabha was constituted only in 2000.
• The issue has been raised in every Lok Sabha since then, but has not been taken to its conclusion.
• The Report of the Ethics Committee was presented to the Speaker in 2014.
• It related to the amendments to the Rules of Procedure and Conduct of Business in Lok Sabha.
• Its recommendations were included in the report of the Rules Committee of Lok Sabha.
• It said that the Ethics Committee shall formulate a Code of Conduct for Members.
• Also, the committee shall suggest amendments or additions to the Code of Conduct from time to time.
• The matter has since been pending with the Ethics Committee.
• The Rules Committee report also recommended that the Ethics Committee make suggestions on

1. the nature of Members’ interests to be declared
2. the form of Register of Members’ interest to be maintained for Members of Lok Sabha

• This matter, too, is under consideration of the Ethics Committee.

Source: Indian Express