Sansad TV Perspective: Rules of Conduct in the Upper House

In the series Sansad TV Perspective, we bring you an analysis of the discussion featured on the insightful programme ‘Perspective’ on Sansad TV, on various important topics affecting India and also the world. This analysis will help you immensely for the IAS exam, especially the mains exam, where a well-rounded understanding of topics is a prerequisite for writing answers that fetch good marks.

In this article, we feature the discussion on the topic: ‘Rules of Conduct in the Upper House’.

Anchor:- Vishal Dahiya

Guests

1. Prakash Javadekar, MP, Rajya Sabha, BJP
2. VK Agnihotri, Former Secretary General, Rajya Sabha
3. KV Prasad, Senior Journalist

Context – During the first leg of the Budget Session, the Rajya Sabha saw repeated disruptions due to protests by the opposition parties over various issues. Under rule 203 of the Rules of Procedure and Conduct of Business in the Upper House, Rajya Sabha Chairman Jagdeep Dhankhar has asked the Committee of Privileges to investigate the alleged breach of privilege by 12 MPs, 9 from Congress and 3 from Aam Aadmi Party for repeatedly entering the well of the House, shouting slogans and obstructing proceedings.

Rules of Conduct

The Committee on Ethics of Rajya Sabha drafted the Code of Conduct for MPs, which was adopted by the House in 2005.

• These rules are prescribed by the House for its members and adopted by the House. These are self-governing rules of conduct.
• The Indian Constitution empowers each House of Parliament to make rules governing its procedure and conduct of Business, Article 118 (1).
• The privileges of the members of the House flow from Article 105. Article 105 of the Constitution deals with “powers, privileges, immunity etc of the Houses of Parliament and of the members and committees thereof. There is freedom of speech for the members of the parliament and they are exempted from any legal action for any statement made or act done in the course of their duties. For example, a defamation suit cannot be filed for a statement made in the House.
• Breaches of Parliamentary Privileges may include actions like assaulting or threatening a member, obstructing the functioning of the House, disclosing confidential information or impeding the freedom of speech of a member of the House.
• The rule book also provides the Chairman in the Upper House with certain powers to ensure that there is an orderly conduct of business proceedings.
• There is a handbook for members of the parliament which has a number of rules regarding etiquette, conventions and conduct of members. There are dozens of such rules which are strict and meant to govern the dignified conduct of the members in the House. 

Disruptions in the House-

Rajya Sabha is the Upper House of the Parliament and it represents the states and UTs of the Indian Union. It is the permanent House of the Parliament. The Ⅳ Schedule of the Indian Constitution deals with the allocation of seats in the Rajya Sabha to the states and UTs. Its maximum strength is 250, out of which 238 are representatives of the states & UTs (elected indirectly) and 12 are nominated by the President of India. 

• Rajya Sabha has an important role of reviewing and altering the laws initiated by the Lok Sabha. It can enact laws and a bill is to be passed by the Upper House in order to become a law.
• There have been continuous disruptions of parliament by members. Frequent disruptions lead to adjournment of the House. For the smooth functioning of the parliament, its members must adhere to the code of conduct.
• Some members are habitual of disrupting the functioning and jumping in the well for political gains and rivalry. 
• The parliament serves as an important platform for the opposition to raise issues that concern the interest of the general public. Debates and discussions are cardinal to the very concept of parliament in a democracy. These discussions and debates make the government accountable for the development of the country. Disruptions, sloganeering and moving in the well decrease the productivity of the House. 

Privileges Committee

It is a parliamentary committee present in both Houses of the parliament. Its functions are semi-judicial in nature.

• Its function is to examine every question involving breach of privilege of the House or of the members of any Committee thereof referred to it by the House. Under rule 203, Chairman can refer any question of privilege to the Committee.
• The Rajya Sabha Privilege Committee has 10 members. However, the quorum of the committee is 5. 
• The right to raise a question of privilege is governed by two conditions:
  • It should be related to a recent event.
  • The matter requires the intervention of the council.
• The committee has powers to summon witnesses, scrutinise records and documents if deemed necessary.
• The report by the committee is to be submitted within a stipulated time as fixed by the Council or where the time is not fixed, the report is to be presented within one month.
• The report of the committee is presented by its Chairman to the House or in his absence by any member of the committee.
• The committee has power to give procedures to be adhered by the Council in enforcing its recommendations.

Conclusion

• There must be strict adherence to the code of conduct for MPs so that disruptions of the proceedings don’t happen.
• It is important to spend more time on deliberations and discussion rather than on disruptions to increase the productivity of the House.
• Government and opposition must come to an understanding and move forward for the betterment of the nation. The government must be responsive and for that the opposition has to be responsible. 
• Certain reforms are needed to increase efficiency of the House and ensure that the members attend the house to contribute to the discussions instead of hijacking the functioning of the House with repeated disruptions. 

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