Only MLA complaint can set ethics panel in motion against Mamkootathil: Speaker

Rahul Mamkootathil, the expelled Congress MLA from Kerala, continues to hold his seat in the Legislative Assembly despite being in judicial custody over multiple sexual assault cases , spotlighting gaps in the state’s legislative ethics oversight mechanisms.

Mamkootathil, who has been named as an accused in three sexual assault cases , was arrested on Sunday in the third case and remanded to the custody of a Special Investigation Team (SIT) by a court in Pathanamthitta . While he has secured protection from arrest in two of the other cases, he remains in detention as investigations continue. His expulsion by the Indian National Congress does not affect his status as a legislator, as membership is governed by the Constitution, Assembly rules, and the Representation of the People Act.

Assembly rules allow the Privileges and Ethics Committee to examine allegations of misconduct, breach of privilege, or behaviour unbecoming of a legislator. However, its jurisdiction is triggered only when a sitting MLA files a formal complaint that is referred to it by the Speaker. Complaints from private individuals, even on serious charges, cannot be acted upon, and the committee currently lacks clear powers to initiate proceedings on its own.

Once a valid complaint is submitted by an MLA, the committee can summon the member, examine evidence, and submit its findings to the House. The Assembly alone can decide the course of action, which may include reprimand, suspension, or a recommendation that could lead to disqualification, within constitutional limits.

The Mamkootathil case has raised wider questions about why the Ethics Committee has not taken suo motu cognisance of a matter involving a sitting MLA facing grave criminal charges and currently in custody. Critics argue that the absence of such powers weakens the legislature’s ability to uphold ethical standards and maintain public confidence in elected institutions.

Legal experts note that unless a conviction triggers disqualification under the Representation of the People Act , or the House acts on a committee report, the Speaker’s office remains constrained. Meanwhile, calls are growing to revisit Assembly rules to allow ethics panels greater autonomy in exceptional cases involving serious allegations against legislators.

At present, any move against Mamkootathil in the Assembly is procedurally stalled, depending on whether a fellow MLA formally initiates the complaint process to trigger the Ethics Committee’s examination.