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Tuesday, July 05, 2022

Question of Yadav’s disqualification after recast of Rajya Sabha panels

The follow-up action on the Janata Dal (United) petition seeking disqualification of Sharad Yadav from the Rajya Sabha may get under way only after a reconstitution of standing committees in the House.

Written by Pradeep Kaushal | New Delhi |
Updated: September 8, 2017 2:28:40 am
Sharad Yadav, Rajya Sabha, Sharad Yadav disqualification from RS, Sharav Yadav Parliament, JD(U) breakup, JD(U), India news, Indian Express JD(U) rebel Sharad Yadav (File)

The follow-up action on the Janata Dal (United) petition seeking disqualification of Sharad Yadav from the Rajya Sabha may get under way only after a reconstitution of standing committees in the House. The petition was submitted by the JD(U)’s party leader in the House, Ram Chandra Prasad Singh, to chairman M Venkaiah Naidu on September 5. The Committee on Ethics has a vital role in examining the petitions for disqualification of members.

There are three reasons for recasting this 10-member panel, headed by senior Congress member Karan Singh, along with five other standing committees of the Rajya Sabha.

One, all of them have been there for a year. The Ethics Committee was set up on October 5, 2016, while the rest — on Government Assurances, House, Papers Laid on the table, Petitions and Subordinate Legislation — were constituted on September 15, 2016.

Two, a new Chairman has assumed office and there has been a change in the complexion of the House since.

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Three, Yadav himself is one of the members of the committee, while another member, Sitaram Yechury of the CPI(M), has retired.

The Rules of Procedure warrant that the Rajya Sabha Chairman, if he finds that the petition is in order, forwards it along with annexures to Yadav for his comments.

Yadav is required to return it with his comments within seven days of receiving the documents. The Chairman has the discretion to allow him more time for forwarding his comments.

The Chairman, after considering the comments of Yadav, “may either proceed to determine the question or, if he is satisfied, having regard to the nature and circumstances of the case that it is necessary… refer the petition to the committee for making a preliminary inquiry and submitting a report to him”, the rules of the House say.

The presiding officer refers such petitions to the Committee on Ethics. He will proceed to “determine the question as soon as may be after receipt of the report” from the committee. However, neither the Chairman, nor the Ethics Committee “shall come to any finding that a member has become subject to disqualification under the Tenth Schedule (of the Constitution) without affording a reasonable opportunity to such member to represent his case and to be heard in person”, according to the rules.

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