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In India, one of the common threads that run through many of the corruption scandals is the issue of conflict of interest i.e. public officials taking policy decisions based on their personal interest. For example, Shashi Tharoor in the IPL controversy or Ashok Chavan in the Adarsh Housing Society scam. Many countries take measures to minimize conflict of interest of its MPs by regulating membership of parliamentarians in Committees, making it mandatory for them to declare pecuniary interest, and restricting employment both during and after completion of tenure. For example, the US Senate has a detailed Code of Official Conduct that provides guidelines on conflict of interest. India also has some measures in place to minimize conflict of interest. These are codified in the Code of Conduct for Ministers, Code of Conduct for Members of the Rajya Sabha, Rules of Procedure and Conduct of Business in the Lok Sabha and Rajya Sabha and Handbook for Members of Lok Sabha and Rajya Sabha. Every Rajya Sabha MP has to declare his or her interest (along with assets and liabilities). He has to declare five pecuniary interests: remunerative directorship, remunerated activity, majority shareholding, paid consultancy and professional engagement. Lok Sabha MPs can object to another MP joining a parliamentary committee on grounds that he has personal, pecuniary or direct interest. (For more details, see PRS note on Conflict of Interest Issues in Parliament). On December 1, 2010, PRS held its annual Conference on Effective Legislatures. One of the topics discussed was MPs and Conflict of Interest: Issues and Resolution. Panelists included D Raja, Prakash Javdekar and Supriya Sule. Issues such as requirement for transparency, expertise of legislators, election of honest legislators, and ethical media were discussed. The issues that were raised during the discussion are summarised in the PRS Summary of Proceedings from the Conference.
One of our earlier posts (read here) tackled the question of whether the Public Accounts Committee could summon ministers or not. According to a direction of the speaker, a Minister cannot be summoned by a financial committee. There are no specific procedures for the Joint Parliamentary Committees mentioned in the rules. However, according to the Directions by the Speaker general rules applicable to Committees shall apply to all Committees, though specific directions can be given for some committees (read here). In other words, the general directions for all committees would be the same, unless a specific direction was given relating to a particular committee. In the Joint Committee of Stock Market Scam and Matters relating there to, a specific request was made to the Speaker, Lok Sabha by the Chairman, JPC on 20th May, 2002 for permitting the Committee to call for written information on certain points from the Minister of Finance and Minister of External Affairs. The Speaker accorded the necessary permission on 1st June, 2002. Consequently, the Minister of Finance (Shri Jaswant Singh), the Minister of External Affairs (Shri Yashwant Sinha) and the former Finance and External Affairs ministers (Shri P. Chidambaram and Dr. Manmohan Singh respectively) testified before the Committee. Read the text of the report here.
