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Second Report of the Committee to Inquire Into SECOND REPORT OF THE COMMITTEE TO INQUIRE INTO MISCONDUCT OF MEMBERS OF LOK SABHA ON ‘VARIOUS FACETS OF MISCONDUCT AND BASIC ATTRIBUTES OF STANDARDS OF CONDUCT/ BEHAVIOUR EXPECTED OF MEMBERS’ (FOURTEENTH LOK SABHA) (Presented to the Speaker, Lok Sabha on 31 March, 2008) (Laid on the Table on ……… ………………) LOK SABHA SECRETARIAT NEW DELHI April, 2008/Vaisakha, 1930 (Saka) P&E (IC) No. 2 Price : Rs. 130.00 © 2008 BY LOK SABHA SECRETARIAT Published under Rule 382 of the Rules of Procedure and Conduct of Business in Lok Sabha (Twelfth Edition) and printed by Jainco Art India, New Delhi-110 005. CONTENTS PAGE PERSONNEL OF THE COMMITTEE ................................................................ (iii) REPORT ....................................................................................................... 1 MINUTES OF SITTINGS OF COMMITTEE ...................................................... 49 APPENDICES I. Lists of Persons/Institutions/Foreign Parliaments to whom the questionnaire on various facets of misconduct and basic attributes of ‘Standards of conduct/behaviour expected of members’ was sent for eliciting their views ........................................................................................... 61 II. Detailed Analysis of Responses to the Questionnaire............................................................................. 71 III. Responses received from various Persons/Institutions/ Foreign Parliaments to the Questionnaire ......................... 95 (i) PERSONNEL OF THE COMMITTEE OF INQUIRE INTO MISCONDUCT OF MEMBERS OF LOK SABHA* (14th Lok Sabha) Shri V. Kishore Chandra S. Deo — Chairman MEMBERS 2. Shri Gurudas Dasgupta 3. Shri Anant Gangaram Geete 4. Shri C. Kuppusami 5. Prof. Vijay Kumar Malhotra 6. Shri Shriniwas Patil 7. Shri Mohammad Salim 8. Shri Braja Kishore Tripathy 9. Shri Rajesh Verma 10. Shri Devendra Prasad Yadav 11.Prof. Ram Gopal Yadav SECRETARIAT 1. Shri V.K. Sharma — Joint Secretary 2. Shri Ravindra Garimella — Deputy Secretary 3. Shri Ashok Sajwan — Deputy Secretary-II *Constituted on 16 May, 2007. (iii) SECOND REPORT OF THE COMMITTEE TO INQUIRE INTO MISCONDUCT OF MEMBERS OF LOK SABHA ON ‘VARIOUS FACETS OF MISCONDUCT AND BASIC ATTRIBUTES OF STANDARDS OF CONDUCT/ BEHAVIOUR EXPECTED OF MEMBERS’ (FOURTEENTH LOK SABHA) I. Introduction and Procedure I, the Chairman of the Committee to Inquire into Misconduct of Members of Lok Sabha, having been authorized by the Committee to submit the Report on their behalf, present this their Second Report to the Speaker on ‘Various facets of misconduct and basic attributes of standards of conduct/behaviour expected of members, definition of misconduct etc.’ 2. The Committee held 9 sittings. The relevant minutes of these sittings form part of the Report and are appended hereto. 3. At their first sitting held on 18 May, 2007, the Committee held preliminary deliberations on the matter. 4. At their second sitting held on 29 May, 2007, the Committee after some deliberations, directed the Secretariat to prepare and circulate a note to the members of the Committee on various facets of misconduct. 5. At their third sitting held on 14 June, 2007, the Committee further deliberated upon the matter and directed the Secretariat to prepare a questionnaire in the matter and also a list of eminent persons, jurists and intellectuals to whom the questionnaire might be sent for eliciting their views. 6. At their fourth sitting held on 3 July, 2007, the Committee approved the questionnaire and the list of eminent persons, jurists and intellectuals to whom the questionnaire had to be sent for eliciting their views in the matter. 7. At their fifth sitting held on 6 November, 2007 the Committee took note of the analysis of responses received from various institutions/experts in the matter. 8. At their sixth sitting held on 23 November, 2007, the Committee considered and adopted the broad scheme of chapterisation of the proposed draft Report. 9. At their seventh sitting held on 22 January, 2008, the Committee further considered the matter. 10. At their eighth sitting held on 18 February, 2008, the Committee had further deliberations in the matter. 11. At their ninth sitting held on 19 March, 2008, the Committee considered their draft Report and adopted the same. II. Facts 12. On 16 May, 2007 the Speaker, Lok Sabha constituted a Committee to Inquire into Misconduct of Members of Lok Sabha. The Speaker while constituting the Committee made the following observation:— “I held a meeting with the Hon’ble Leaders of different parties on 15 May, 2007... I am thankful to all the Hon’ble Leaders for their very valuable suggestions…Hon’ble Leaders were unanimously of the view that a Committee of Members of Lok Sabha may be constituted to inquire into instances of misconduct including misuse of their privileges and facilities by Members of Lok Sabha. I have, accordingly, decided to constitute a Committee consisting of the following members:— 1. Shri V. Kishore Chandra S. Deo — Chairman 2. Shri Gurudas Dasgupta 3. Shri Anant Gangaram Geete 4. Shri C. Kuppusami 5. Prof. Vijay Kumar Malhotra 6. Shri Shriniwas Patil 7. Shri Mohammad Salim 8. Shri Braja Kishore Tripathy 9. Shri Rajesh Verma 10. Shri Devendra Prasad Yadav 11.Prof. Ram Gopal Yadav The Committee will inquire into cases of misconduct of Members of Lok Sabha including misuse of Parliamentary privileges and facilities by them as may be referred to it by the Speaker from 2 time to time and will recommend action, if any, to be taken in each case and submit the same to the Speaker. The Committee may also, if it deems fit, look into the desirability of defining what acts would amount to misconduct on the part of a member and make suitable recommendations regarding action to be taken in cases of such misconduct. The Committee is authorized to follow its own procedure consistent with the well-established principles of law and natural justice. The Speaker will decide whether the Member or Members concerned in each case will be asked not to attend the House till a suitable decision is taken after the submission of the Report by the Committee.” The information regarding constitution of the Inquiry Committee was also published in Bulletin Part-II dated 16 May, 2007 vide para No. 3647. III. Questionnaire 13. The Committee decided to elicit opinion on various facets of misconduct and basic attributes of ‘standards of conduct/behaviour expected of members’ from eminent persons, jurists and intellectuals through a Questionnaire. 14. The following Questionnaire was approved by the Committee for eliciting views/opinions of eminent persons/institutions:— Q.1 Do you think there is a need to codify as to what actions on the part of the members of Parliament would come under the category of misconduct? Q.2 What in your opinion should be the appropriate and comprehensive definition of misconduct vis a vis members of Parliament? Please give details of the acts which may come under definition of misconduct by members. Q.3 Should penal offences committed by members of Parliament also be construed as misconduct? Q.4 If answer to Question No. 3 above is ‘Yes’, should a distinction be made between penal offences committed by members while misusing the privileges/facilities available to them and those committed otherwise? Q.5 If answer to Question No. 3 is ‘Yes’, should the proceedings for misconduct be initiated only after the commission of penal offences has been finally established in a court of law? 3 Q.6 What should be appropriate punishment if misconduct is proved? Q.7 Do you think that it should be incumbent on the Political Parties to ask their members to resign from the membership of the House if they are found to have indulged in any misconduct? Q.8 Would it help if it is made mandatory for the concerned Political Parties to issue a certificate to the Presiding Officer of the respective House that none of their member is of doubtful integrity and will not indulge in any misconduct? 15. The above Questionnaire was sent to 60 eminent persons/ institutions* for eliciting their views/opinions. Responses were received in the matter from the following ten persons/institutions:— (i) Shri Soli Sorabjee, Senior Advocate (ii) Shri P.P. Rao, Senior Advocate (iii) Shri Sushanta Roy, CEO, Media and Entertainment (iv) CNN IBN (v) ILS Law College (vi) Rajasthan Patrika (vii) The Indian Express (viii) Ministry of Law and Justice (ix) Shri Pranab Mukherjee, Leader of Congress Party (x) Shri Nakul Das Rai, Leader Sikkim Democratic Front IV. Analysis of the replies to the Questionnaire 16. A question-wise analysis of the replies is as follows:— Qn. 1 Do you think there is a need to codify as to what actions on the part of members of Parliament would come under the category of misconduct? CNN IBN, ILS Law College, Pune, Ministry of Law and Justice, Shri Pranab Mukherjee, Leader of Congress Party and ‘The Indian Express’ are of the opinion that there is no need to codify what actions of members of Parliament would constitute misconduct as it would be very tough and impractical to list all the possible categories of misconduct. Shri Pranab Mukherjee elaborated by observing that misconduct is nothing but “conduct unbecoming of a Member of Parliament” not only in discharge of his parliamentary functions but *For a list of persons/institutions please see Appendix. 4 also in the discharge of his public duties and probity of conduct in private life to the extent it impacts on the performance of his public duties. He was further of the view that what amounts to conduct “unbecoming of a Member of Parliament” depends on the facts and circumstances of the case. However, Shri Soli Sorabjee, and Shri P.P. Rao, Senior Advocates, Shri Sushanto Roy, CEO, Media and Entertainment Shri Nakul Das Rai, Leader SDF and ‘Rajasthan Patrika’ are of the view that it is desirable and necessary to codify such actions of members of Parliament which would amount to misconduct so that there is a deterrent for members and they know what they are not supposed to do.
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