Special Probe Panel

Description

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Context: A special committee of the Lok Sabha has been requested by certain members of the Parliament to investigate whether a member should be suspended for allegedly disrespecting the nation, its democracy, and the legislature.

Details

The investigation and punishment of an MP might be carried out by a special probe panel like the one that was established to look into the cash-for-votes affair in 2008.
A system to examine the "moral and ethical conduct of the members" already exists in the Ethics Committee of Lok Sabha. But Members request the creation of a special committee along the lines of the one established in 2005 to investigate the cash-for-query controversy

Cash-for-query controversy 2005

A sting operation conducted by the online portal Cobrapost in December 2005 was broadcast on a private TV channel and claimed to have recorded 10 Lok Sabha and one Rajya Sabha MP taking money in exchange for asking questions in the Parliament.
The allegedly corrupt and unethical behaviour of the Parliamentarians was condemned. A committee of five members was established by the Lok Sabha. The House Ethics Committee investigated the matter in Rajya Sabha.
The MPs' allegation had been proved, according to the committee. The 11 MPs were expelled by a resolution of Parliament in December 2005.
For the duration of the suspension, the constituency won't have a representative in the House. There won't be a by-election, which can only be called if the MP is dismissed.

View of Constitutional experts

Subhash C. Kashyap, a constitutional expert and former secretary general of the seventh, eighth, and ninth Lok Sabhas, said that the House has the authority to determine whether the member violated a privilege or was in contempt of the House. The House has full autonomy.
In general, he said, the claim that opposition legislators' microphones are turned off when they speak could be a matter for the Privileges Committee because it might be regarded as an insult to the Chair; however, the claim that India's democracy is under attack would probably not amount to a violation of the privileges of Parliament. However it is the House that decides on what it deems as contempt, said PDT Achary, another former Secretary General of Lok Sabha.
According to Kashyap, the terms of reference for a committee may be established by the House. It has complete authority to do so.
Achary stated that a resolution for the formation of such a committee and its mandate could lead to the creation of a special committee. Before somebody may be punished for an offence, the offence must first be defined.