Rajya Sabha panel proposes restraining MPs from undermining constitutional authorities, fellow members

A Rajya Sabha Committee has proposed putting clear provisions in place for refraining MPs of the Upper House from undermining the constitutional authorities or fellow members through statements made in the House or on public and digital platforms.

The Ethics Committee of the Rajya Sabha has also proposed explicitly mentioning in the code of conduct for MPs that the members “must not misuse” the protection given to them for free speech in Parliamentary proceedings in situations where such speech can harm the reputation of others including fellow members, Ministers or other public figures.

Expressing serious concern over what it called an increasing trend of disorderly proceedings in legislatures and disregard of established Parliamentary customs, the committee has decided to review the code of conduct through wide ranging consultations with various stakeholders, including political parties, State legislatures, and international parliamentary bodies.

In its questionnaire on the ‘subject of review of the code of conduct for members of Rajya Sabha’, the panel has asked political parties how members can be encouraged to exercise greater caution, restraint, and sensitivity when speaking on delicate or controversial subjects such as national heroes, historical figures and contentious historical interpretations.

“What forms of accountability should be established to support this and should the code of conduct include specific provisions guiding members participating in debates involving sensitive issues,” the Committee asked.

It has also asked political parties to explain what measures can be taken to encourage members to exercise greater caution in using their privileged freedom of speech particularly in situations where such speech could harm the reputation of others including fellow members, Ministers or other public figures.

“Should the code of conduct explicitly state that members must not misuse the protection afforded to them for free speech in Parliamentary proceedings and if so what types of corrective or disciplinary actions would be appropriate in cases of misuse?” it said.

In March 2025, the then Rajya Sabha chairman Jagdeep Dhankhar had directed the Ethics Committee to review the 1998 SB Chavan Committee report on ethics and develop updated guidelines for members, considering recent technological developments and the rise of social media.

Opposition including the Congress in recent past has been raising in Parliament the issues related to working of Election Commission and its commissioners, even as the government has maintained that MPs cannot discuss the issue of Election Commission of India (ECI) in Parliament.

The Ethics Committee chaired by BJP MP Ghanshyam Tiwari has asked in its questionnaire whether stricter rules should be introduced to address the use of unparliamentary language during House proceedings.

“What specific steps would you recommend to ensure members refrain from using inappropriate or offensive language in the House?,” it asked.

It also asked, “Do you believe that the current scope and remit of the code of conduct for members of the Rajya Sabha sufficiently address the present day ethical and behavioural standard expected of members both within and outside the House?” The parties have also been asked to share their thoughts with appropriate justifications.

The Committee had discussed during its meetings on January 20, April 28, and July 10 this year the future course of action on the subject of reviewing the code of conduct of members of Rajya Sabha. A questionnaire has been subsequently circulated to various political parties.