• Source:JND
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Leader of the Opposition in the Lok Sabha, Rahul Gandhi, is under fire following his recent remarks on the interim trade agreement between India and the US. BJP MP Nishikant Dubey on Thursday submitted a notice for a "substantive motion" in the Lok Sabha against the Congress leader, accusing him of misleading the country by making "baseless statements."

Dubey demanded the cancellation of Gandhi’s Lok Sabha membership and a lifetime ban from contesting elections. This action follows his address in Lok Sabha on Wednesday, where he launched a scathing attack on the Centre over the recently announced interim trade agreement between India and the US, accusing the BJP-led Central government of "selling the country". He termed the deal a "wholesale surrender" with India's energy security being handed over to America.

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What Is A Substantive Motion?

A substantive motion is an independent and self-contained proposal submitted for the formal approval of a legislative House. It is drafted to express a decision, opinion, or the collective will of the House on matters on a significant issue. According to a News18 report, unlike a privilege motion, a substantive motion allows any Member of Parliament to bring a major issue forward for discussion and a mandatory vote.

How A Member Of Parliament Can Be Removed?

A Member of Parliament can be removed under the following circumstances:

Constitutional Disqualification (Article 102)

- A Member of Parliament can face disqualification under Article 102 if they are found to hold an "office of profit", declared unsound mind by a court, are undischarged insolvents, or are not citizens of India.

Disqualification Under the Anti-Defection Law (Tenth Schedule)

- Under the Tenth Schedule, a Member of Parliament can be disqualified if they voluntarily resign from their political party or vote against the party’s official whip without prior permission. This law also applies to independent members who join a political party after their election, and nominated members who join a party after six months.

Criminal Conviction (RPA, 1951)

A Member of Parliament can be disqualified if he/she is convicted by a court and sentenced to two years or more. Such individuals cannot contest the elections for six years after release.

Expulsion By The House

The Lok Sabha holds the authority to expel its members for serious misconduct or actions that degrade the dignity of the Parliament. This power, derived from Article 105 of the Constitution and parliamentary rules, is exercised in extreme cases, such as corruption, bribery, misuse of position, contempt of the House, serious unethical conduct, or misconduct proven through inquiry.

However, unlike a criminal disqualification, an expelled Member remains eligible to contest elections in future unless separately disqualified under law.

ALSO READ: 'You Sold The Country': Nirmala Sitharaman Hits Back At Rahul Gandhi Over WTO And Sharm El-Sheikh Deals

Election Declared Void By Court

An MP's membership can be cancelled if a High Court sets aside their election result due to malpractice, fraud, or violation of election laws.

Process Of Explusion Of A Member Of Parliament In Lok Sabha

The process of expulsion of a Member of Parliament begins with a formal complaint. Following the complaint, the Ethics Committee or Privileges Committee conducts a detailed probe, examines evidence and gives the member a fair opportunity to defend themselves against the allegations.

If the probe finds the member guilty, the committee recommends expulsion to the House. The recommendation is then formalised through a motion in the Lok Sabha. If a majority of the members support the motion, the Member is officially expelled.


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