BJP MP Nishikant Dubey has raised a significant demand that has stirred the political landscape. He has called for Congress leader Rahul Gandhi’s expulsion from the Lok Sabha, following controversial comments the latter made regarding the India-US trade deal. Dubey has submitted a formal notice, seeking a motion for Gandhi’s expulsion and a lifetime ban on him from contesting elections. This brings to the forefront an important question: How can a sitting MP be disqualified or expelled from the Lok Sabha?
Step-by-Step Process for MP Expulsion
Expelling a sitting member from the Lok Sabha is a detailed and regulated process that involves several steps. Here’s a breakdown of the procedure:
1. Submission of Notice
The expulsion process begins with a formal complaint or notice filed against a sitting member. This can either be submitted by a party member or the concerned individual.
2. Referral to Ethics Committee
Once a notice is filed, the Lok Sabha Speaker can refer the complaint to the Committee of Privileges, which is responsible for reviewing such matters. This committee plays a crucial role in conducting a thorough investigation into the allegations.
3. Committee Investigation
The Committee of Privileges investigates the case, which includes calling in witnesses and providing the accused MP a chance to present their defense. The committee will gather all the evidence and then prepare a report with its findings and recommendations.
4. Presentation in the House
Following the committee’s investigation, the report is presented in the Lok Sabha. If the committee deems the member guilty, it will recommend their expulsion. A motion is then moved in the Lok Sabha based on these findings.
5. Motion for Expulsion
For the expulsion to be finalized, the motion must be approved by a majority of MPs present and voting. If a majority supports the motion, the member will be expelled from the Lok Sabha.
Rahul Gandhi’s Controversy and Past Expulsion
The question of Rahul Gandhi’s expulsion is not entirely new. In 2023, Gandhi was sentenced to two years in prison by a Surat court after being convicted in a criminal defamation case. This case stemmed from his remarks about individuals with the “Modi surname,” which led to legal action.
According to Section 8(3) of the Representation of the People Act, 1951, any MP convicted and sentenced to two or more years in prison automatically faces disqualification from Parliament. This meant that, upon his conviction, Gandhi’s membership was revoked.
However, Gandhi appealed the conviction in the Supreme Court, which granted a stay on his sentence. As a result, his disqualification was reversed, and he was reinstated as a Lok Sabha MP.
Key Takeaways on the Expulsion Process
The expulsion of an MP from the Lok Sabha is a lengthy procedure, requiring an investigation, committee recommendations, and the approval of the majority of MPs. While there are strict rules that govern this process, any motion for expulsion must follow constitutional and procedural norms to be legally valid.
As for Rahul Gandhi’s current situation, while the BJP’s demand for his expulsion adds a new layer to the political drama, the final decision will depend on the formal procedures laid out by the Lok Sabha and the findings of the Ethics Committee. It remains to be seen how this case will unfold in the coming weeks.
Nishikant Dubey’s demand for Rahul Gandhi’s expulsion brings a fresh focus on the political and legal framework surrounding the disqualification of sitting MPs. With Gandhi’s past expulsion over a defamation conviction and his subsequent reinstatement, the controversy surrounding his comments on the India-US trade deal raises pertinent questions about accountability and fairness in the political system. Whether or not Gandhi faces expulsion will depend on the Lok Sabha’s procedures and the committee’s findings, making this a significant development in Indian politics.
