What is the news?
Leader of opposition in Lok Sabha Rahul Gandhi is again in controversy. BJP MP Nishikant Dubey has presented a substantial motion against Rahul in the Lok Sabha. Dubey has demanded termination of Rahul’s Parliament membership and a lifetime ban on contesting elections. This matter is related to Rahul’s address in the Lok Sabha, in which he made many claims on many issues including the India-US trade agreement. Let us understand whether Rahul can lose his Parliament membership.
substantial motion
What is substantial motion?
A substantive motion is a motion which is independently placed before the House and can be directly debated and voted on. It is introduced to express the opinion, decision or will of the House on an important matter. Any member of Parliament can move this motion to seek the opinion or wish of the House on any issue. Its objective is to get a clear opinion or decision of the House.
When can a substantial motion be brought?
This proposal can be used in many contexts. Such as no-confidence against a high official, demand for special action, or a special recommendation of the House. Usually, through such a motion, a demand is made to constitute a committee to investigate the conduct or allegations of a member. If the House passes this resolution, the Speaker of the Lok Sabha can constitute a special committee to investigate the allegations.
Process
What is the further process?
It is up to the Speaker of the Lok Sabha to accept the substantive motion in the House or not. First of all, notice of the motion is given to the Lok Sabha General Secretary. If the Speaker of the Lok Sabha accepts the motion, it is discussed in the House. After this voting takes place. If the motion is passed, the Speaker of the Lok Sabha can constitute a committee. The committee presents the report after investigation. The House then accepts or rejects the recommendations of the committee.
Can Rahul lose his Parliament membership?
Under the Constitution and the Representation of the People Act, 1951, membership of a Member of Parliament can be revoked in circumstances such as conviction in a criminal case, violation of anti-defection law, being mentally unsound, holding an office of profit, and not being a citizen of India. Mere passing of a substantive motion does not automatically result in termination of membership. However, the motion may recommend any action that would lead to disqualification under the Constitution or law.
How is a Member of Parliament expelled?
The process of expulsion of a member from Parliament usually begins with the filing of a complaint. After this, the Ethics Committee or Privileges Committee investigates the matter and the MP is given a chance to present his side. After this the committee submits its recommendations to the Speaker of the Lok Sabha, for which a motion is presented for acceptance. If a majority of MPs support the motion, the MP is expelled.
previous case
Rahul’s Lok Sabha membership has ended earlier also
Rahul’s Lok Sabha membership was also canceled in March 2023. In fact, in an election speech in 2019, he had said ‘How come the surname of all thieves is Modi’. A defamation case was registered against him regarding this. A Surat court had found Rahul guilty and sentenced him to 2 years imprisonment. After this, Rahul lost his Parliament membership. However, on August 4, 2023, the Supreme Court stayed the sentence.
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