Power of the House to punish its Members for unethical conduct or contempts
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O Joy Singh
(Editor’s Note : Due to a gross oversight, the name of the writer was wrongly given in the previous edition)
‘Parliament viewed the conduct of Mr Mudgal with extreme disfavour. There has been a tendency in the past not only in Parliament by probably in the State Legislatures also, not to keep to proper standards of behaviour. The Mudgal case is an example and a warning and there must be no laxity shown when any such matter arises. If once the reputation of our legislatures goes down, then democracy itself will be in peril. Therefore, the reputation of theses legislatures as also of our services must be strictly guarded and any misbehavior should lead to enquiry and action.’
On December 19, 1978, during the Janata Party Government, former Prime Minister Smt. Indira Gandhi, Shri RK Dhawan, former Additional Private Secretary to the then Prime Minister and Shri D Sen, former Director of CBI were sentenced to jail till the prorogation of the House of the Sixth Lok Sabha, for causing serious obstruction, intimidation, harassment and institution of false cases by her Government when Mrs Gandhi was the Prime Minister against certain officials who were collecting information to answer a certain question in the House during the previous Lok Sabha (Fifth Lok Sabha) and Smt Indira Gandhi was expelled from the House by adopting a Motion by the House after duly consideration of the third Report of the Committee of Privileges (Sixth Lok Sabha) which was referred to the Committee by the House on November 18, 1977 to make inquiry, investigate and report on the question of privileges. The said Motion adopted by the House on December 19, 1978 is reproduced for general recall herewith:
“That this House having considered the Third Report of the Committee of Privileges, presented to the House on 21st November, 1978, agrees with the recommendations and findings of the Committee contained therein; That Shrimati Indira Nehru Gandhi, Shri RK Dhawan, former Additional Private Secretary to the then Prime Minister and Shri D Sen, former Director of CBI committed a breach of privilege and contempt of the House by causing obstruction, intimidation, harass- ment and institution of false cases against four concerned officers; That she committed a further breach of privilege and contempt of the House by her refusal to take oath/affirmation before the Committee;
That she also committed a breach of privilege and contempt by casting aspersions on the Committee in her statement dated 16th June, 1978, submitted to the Committee.
The House resolves that Shrimati Indira Nehru Gandhi be committed to jail till the prorogation of the House and also be expelled from the membership of the House for the serious breach of privilege and contempt of the House committed by her.
The House further resolves that Shri D Sen, former Director, Central Bureau of Investigation and Shri RK Dhawan, former Additional Private Secretary to the then Prime Minister, be committed to jail till the prorogation of the House for the serious breach of privilege and contempt of the House committed by them.”
However, the said Motion was later rescinded by adopting a Motion in the House of the Seventh Lok Sabha on May 7, 1981. When moving the Motion, the mover of the motion submitted to the House that former president of India, Shri N Sanjeeva Redy, as Speaker of the House, gave a ruling in Mr TN Kaul’s case that a matter of privileges of the Fifth Lok Sabha could not be taken up in the Sixth Lok Sabha; and the said motion adopted by the House on May 7, 1981 rescinding the resolution adopted by the Sixth Lok Sabha on December 19, 1978 is also extracted for general recall herewith:
“WHEREAS the Committee of Privileges of the Sixth Lok Sabha in its Third Report has expressed the view : (a) any person, if engaged in collecting infor- mation asked for by Parliament, should be deemed to be in the service of Parliament and entrusted with the execution of the orders or the performance of the functions of the House even though he is technically not an employee or officer of Parliament; (To be contd)
(Editor’s Note : Due to a gross oversight, the name of the writer was wrongly given in the previous edition)
‘Parliament viewed the conduct of Mr Mudgal with extreme disfavour. There has been a tendency in the past not only in Parliament by probably in the State Legislatures also, not to keep to proper standards of behaviour. The Mudgal case is an example and a warning and there must be no laxity shown when any such matter arises. If once the reputation of our legislatures goes down, then democracy itself will be in peril. Therefore, the reputation of theses legislatures as also of our services must be strictly guarded and any misbehavior should lead to enquiry and action.’
On December 19, 1978, during the Janata Party Government, former Prime Minister Smt. Indira Gandhi, Shri RK Dhawan, former Additional Private Secretary to the then Prime Minister and Shri D Sen, former Director of CBI were sentenced to jail till the prorogation of the House of the Sixth Lok Sabha, for causing serious obstruction, intimidation, harassment and institution of false cases by her Government when Mrs Gandhi was the Prime Minister against certain officials who were collecting information to answer a certain question in the House during the previous Lok Sabha (Fifth Lok Sabha) and Smt Indira Gandhi was expelled from the House by adopting a Motion by the House after duly consideration of the third Report of the Committee of Privileges (Sixth Lok Sabha) which was referred to the Committee by the House on November 18, 1977 to make inquiry, investigate and report on the question of privileges. The said Motion adopted by the House on December 19, 1978 is reproduced for general recall herewith:
“That this House having considered the Third Report of the Committee of Privileges, presented to the House on 21st November, 1978, agrees with the recommendations and findings of the Committee contained therein; That Shrimati Indira Nehru Gandhi, Shri RK Dhawan, former Additional Private Secretary to the then Prime Minister and Shri D Sen, former Director of CBI committed a breach of privilege and contempt of the House by causing obstruction, intimidation, harass- ment and institution of false cases against four concerned officers; That she committed a further breach of privilege and contempt of the House by her refusal to take oath/affirmation before the Committee;
That she also committed a breach of privilege and contempt by casting aspersions on the Committee in her statement dated 16th June, 1978, submitted to the Committee.
The House resolves that Shrimati Indira Nehru Gandhi be committed to jail till the prorogation of the House and also be expelled from the membership of the House for the serious breach of privilege and contempt of the House committed by her.
The House further resolves that Shri D Sen, former Director, Central Bureau of Investigation and Shri RK Dhawan, former Additional Private Secretary to the then Prime Minister, be committed to jail till the prorogation of the House for the serious breach of privilege and contempt of the House committed by them.”
However, the said Motion was later rescinded by adopting a Motion in the House of the Seventh Lok Sabha on May 7, 1981. When moving the Motion, the mover of the motion submitted to the House that former president of India, Shri N Sanjeeva Redy, as Speaker of the House, gave a ruling in Mr TN Kaul’s case that a matter of privileges of the Fifth Lok Sabha could not be taken up in the Sixth Lok Sabha; and the said motion adopted by the House on May 7, 1981 rescinding the resolution adopted by the Sixth Lok Sabha on December 19, 1978 is also extracted for general recall herewith:
“WHEREAS the Committee of Privileges of the Sixth Lok Sabha in its Third Report has expressed the view : (a) any person, if engaged in collecting infor- mation asked for by Parliament, should be deemed to be in the service of Parliament and entrusted with the execution of the orders or the performance of the functions of the House even though he is technically not an employee or officer of Parliament; (To be contd)