Ethics stifles in political wrangles

The five-day-long winter session of the Maharashtra legislature will be remembered for two reasons. First, the spar between Governor Bhagat Singh Koshyari and Maha Vikas Aghadi (MVA) government, particularly between the governor and chief minister Uddhav Thackeray over electing a new Speaker of the state assembly. Secondly, the controversy erupted after BJP MLA Nitesh Rane made ‘meow’ sounds looking in the direction of CM’s son Aaditya Thackeray, who is the minister for the environment. In this melee, the moral and ethical conduct of the leaders was put to test.

The dispute between the two constitutional positions has now escalated due to the displeasure expressed by the governor over the language in the CM’s letter. Given the bitterness, it will be interesting to see how the budget session of the state legislature begins, scheduled in February. It’s because on the first day of the convention, the Governor, as it is customary, addresses legislators in the joint sitting of both the Houses. The CM accompanies the governor right from welcoming him till his departure from the Vidhan Bhavan according to the protocol. 

All eyes will be on Governor’s visit to Vidhan Bhavan

Since Governor Koshyari’s political career shaped up in the BJP, MVA leaders accuse his alleged efforts to corner the alliance government, giving BJP a political edge. The MVA has expressed its intention to elect a new Speaker of the assembly on the first day of the upcoming session. The role of the governor in this regard will be keenly watched and will have bearing on his address to the joint sitting of the state legislature. It may be a point of culmination of the current political struggle.

The governor’s objections to the tone and tenor of the letter by CM in response to the former’s denial for holding the election for the speaker’s post have created a huge rift fueling a debate over ethics and values in state politics and the government.

Similarly, many voices have been raised against Rane Jr’s jibe at Thackeray Jr. Ruling combine alleges Rane, younger son of Union minister Narayan Rane, did it deliberately. Its repercussions were felt in the assembly and a very important but somewhat unpleasant issue of ethics came to the fore once again. The state legislature will have one with immediate effect albeit a mild one.

The Ethics Committee exists in Parliament, not in the state!

For the last three decades, the issue of ethical conduct by members of Parliament and the legislature is under discussion. The overall conduct of the elected representatives is considered a matter of concern due to their occasional verbal, offensive, and shocking behavior. Neither it has assumed required sensitivity nor any deterrent action has been taken for unruly behavior.

But Parliament has taken the initiative and both- the Lok Sabha (LS) and the Rajya Sabha (RS) have set up separate committees. The Lok Sabha ethics committee has 15 members and the Rajya Sabha committee has 10 members. These committees have the responsibility to monitor the conduct of the members, formulate rules of conduct, and report to the House in case of any complaint made.

Members who are responsible to work towards nation-building and overall development of people have mostly been indifferent towards the ethical values, it’s been observed.

The work of the ethics committee started in the year 1997 with the initiative taken by late S B Chavan, who was the home minister in P. V. Narasimha Rao’s cabinet from 1991 to 95. A report by the Chavan-headed committee strongly advocated the need for the ethics committee and the first such was appointed by the Rajya Sabha. It took three years for a similar move in the Lok Sabha.

Just discussions in the state!

Discussion over a similar committee in Maharashtra began when Prof. N. S. Pharande, the then chairman of the legislative council, spoke in the Commonwealth Parliamentary Board meeting. The issue was briefly discussed in Maharashtra for some time but no committee was formed. Some unruly incidents have taken place in the House and in the Vidhan Bhavan premises warranting the formation of the committee. An incident in which a policeman was allegedly beaten by legislators inside Vidhan Bhavan shook the public mind. Even though a case was registered against the concerned legislators’ nothing has come out so far.  

Occasional discussions have taken place over the ethical conduct of the legislators. A serious discussion took place in July 1990 in the state assembly when the Shiv Sena was the largest party on opposition benches and Manohar Joshi was the leader of the opposition. The house witnessed uproarious scenes during a discussion and Sena member Ramdas Kadam rushed to the chair of the speaker and grabbed his arm. The then CM Sharad Pawar strongly objected to this, saying it was a matter of prestige of the House and expressed the view that such incidents should not happen in the future. Former speaker Shankarrao Jagtap, while recalling incidents from the past, said that if people get a chance to talk about the behavior of members, we should think about what they will say.

Another incident happened in 1989 when the then leader of the opposition Mrinal Gore had moved a no-confidence motion against the government for changing the reservation of 285 plots in Mumbai. Janata Party member Sambhaji Pawar rushed to the speaker’s chair raising concerns as he was a famous wrestler. Members present in the house were concerned over his intention. At the same time, the then Shiv Sena member Chhagan Bhujbal had created a stir in the assembly by wrapping a banner around his body with the slogan ‘Bhukhandache shrikhand’ on it. The house had a debate on it but no word came on the formation of the committee. 

Contribution by late V. S. Page

In 1967-68, a committee comprising the presiding officers from various states was appointed at the national level on the conduct of the elected representatives. The five-member committee had V. S. Page, the then chairman of the state council, as its member.

Several recommendations made by the committee are still relevant. Some crucial guidelines and recommendations regarding the election of the speaker of the assembly were made by the committee. But those are rarely followed today.

One of the important recommendations was, after the assembly election, the majority party should consult all the parties in the House as their choice of the speaker. The person chosen for the post should be sufficiently high up in the political hierarchy and enjoys nearly as much prestige as the leader of the house. If a consensus is arrived at and the speaker is elected uncontested the speaker should resign from the party, it said.

If an election takes place due to the lack of consensus the speaker should after the election resign from the legislature party. Such crucial recommendations, if implemented, would have strengthened the concept of democracy in letter and spirit. The committee had also said that the leader of the opposition should take cognizance of the unruly behavior of his members and co-operate with the speaker to arrive at a decision.

Under no circumstances should members rush towards the chair of the speaker, they should accept the decisions of the presiding officer, they should also refrain from expressing their opinion or protest over the decisions, they should abide by the rules of the House, were among the other recommendations. Needless to say, the current atmosphere would have been very different, had these recommendations been followed scrupulously.

Contribution by the RS panel

Some of the most crucial recommendations have been made by the Rajya Sabha Committee on ethics. It said- the behavior of the members should be ideal, their conduct should not tarnish the image of the House, members should use their position for public welfare and personal interests of members or those close to them should not interfere with the public interest, they should not raise issues for any pecuniary gain, they should not accept expensive gifts. Besides, they should observe high ethical values, ideal conduct in public life, etc.

The government constantly issue orders

Such recommendations by various panels have been rarely followed thanks to the apathetic attitude. This becomes evident when the government has to issue directives from time to time saying that the elected representatives should be treated with courtesy and respect. The members also raise several instances of alleged mistreatment by the state administration. When deputy chief minister Ajit Pawar was speaking on the conduct of the members on the concluding day of the recent session, members cited various instances of mistreatment by the administration.

Things are not so smooth on the administration side either. Each time before the start of the session, the government has to issue a set of directives over giving priority to the proceedings of the House, noting the issues raised by the members, timely submission of replies, making available documents whenever needed, etc. Even the departmental secretaries are cautioned against leaving the state headquarters unless it was essential that too with prior permission, they are asked to register their presence during the important debates and discussions in the House. The general public, however, is aloof from all the chaos and has no role to play except that of a voter and a mute observer. The system is out of control. No one knows which direction we are up to. Political parties have just one goal and that is winning elections in pursuit of power and people exercise their right to vote to strengthen the democratic system.