Constitution Review Commission has recommended placing an enforceable Code of Conduct directly in the Constitution, covering State office holders including the President, Prime Minister, Members of Parliament and judges.
The Commission said public submissions strongly called for transparent and consistent ethical standards, particularly following what submitters viewed as prolonged controversies involving appointments, dismissals and disciplinary processes.
While the 2013 Constitution provides for a Code of Conduct to be prescribed by written law, the Commission noted that the required legislation has yet to be enacted.
It said the lack of progress over the past 13 years demonstrated why the standards should instead be entrenched directly in the Constitution.
Drawing on the Ghai Commission draft, the Commission proposes inserting the Code of Conduct as a constitutional schedule, with the Ombudsman responsible for its independent enforcement. This proposal is also reflected in reporting on the Commission’s wider recommendations.
The Code would apply across State offices, establishing common ethical and professional standards for senior office holders.
The Commission has also recommended a unified constitutional schedule governing disciplinary and dismissal procedures, including circumstances that would result in automatic removal from office.
It said the changes were intended to make rules governing conduct, discipline and dismissal more consistent, transparent and easily understood.
The proposed constitutional Code would not replace or conflict with existing codes governing the wider public service.
The Commission said the reforms were intended to provide a foundation for restoring public trust in State offices and institutions.
