When Joshi's motion was passed by voice vote, Trinamool MP Kalyan Banerjee alleged that the House has no power to remove her as a member. Even Moitra said, “The ethics committee has no power to deport (her)… You have usurped the powers of the quasi-judicial authority and imposed on me a punishment that you have no power to do.”
Follow LIVE updates from Mahua Moitra's cash-for-query case here
Can Lok Sabha expel an MP?
Firstly, Mahua Moitra was not deported by the Ethics Committee. Prahlad Joshi had moved a motion asking the House to “agree to the recommendation (calling for Mahua's expulsion) contained in the first report of the Ethics Committee on the complaint dated October 15, 2023”.
He also sought Mahua's expulsion as a member of the Lok Sabha after the Lok Sabha took cognizance of the committee's first report.
Mahua Moitra was expelled after the Lok Sabha voted in favor of her expulsion.
What is the deportation process in Mahua's case?
The cash-for-query case against Mahua Moitra was transferred to the Lok Sabha Ethics Committee.
The committee conducted the investigation into the matter in accordance with the rules. During the investigation, the Ethics Commission panel questioned Moitra and other parties in the case. The committee held Moitra guilty and recommended her removal from the Lok Sabha.
The committee's recommendations were presented, as the rules suggest, in the form of a report. “The report of the committee may also state the procedure to be followed by the House in implementing the recommendations of the committee,” the Lok Sabha said in a document.
What is the process that awaits us?
The report of the ethics committee is submitted to the chairman, who can determine that the report is placed on the table of the House.
After the report has been presented, the Chairman or a member of the committee or other member may request that the report be considered, after which the Chairman may refer the question to the House.
In this case, Parliamentary Affairs Minister Pralhad Joshi moved a motion to expel the TMC leader for “unethical conduct”.
“Before submitting the question to the House, the chairman may allow a debate on the motion, which may not last longer than half an hour” – which was the case on Friday.
READ ALSO: From 'personal life' to 'residence in Dubai': Mahua Moitra reveals 'dirty' questions that prompted her to quit ethics panel investigation
Speaker Om Birla had given much time to the Opposition to discuss the Ethics Panel report on cash-for-query allegations.
After the motion moved under sub-rule (1) is passed, any member may state that “the House agrees, or disagrees in the amendments, with the recommendations contained in the report,” the Lok Sabha said in its document.
If the panel recommends a punitive measure, a motion based on the proposal is submitted to the House and voted on.
READ ALSO: TMC slams BJP MP's 'thumka' comment on Mamata Banerjee; Mahua Moitra says: 'That's why you will never win Bengal'
With the majority of Lok Sabha members voting in favor of expelling Mahua Moitra, she was expelled as an MP on Friday before the adjournment of the House of Representatives for the day.
This shows that the Lok Sabha acted according to the rules and took the right course to expel Mahua Moitra from the House.
How is Mahua's expulsion different from Rahul Gandhi's disqualification?
Rahul Gandhi was “disqualified” as a Lok Sabha MP after his conviction in a defamation case. However, Moitra's case is not about the disqualification but about removal.
No offense has been committed under the Indian Penal Code (IPC) in Moitra's case. Therefore, the case was referred to the Ethics Committee, explains Supreme Court lawyer Nipun Saxena.
.over, Moitra was expelled after a voice vote in the House of Representatives, and Rahul Gandhi was disqualified after the elections. The Lok Sabha Secretariat has issued a notice to himinform the same.
What do the rules say about the suspension of MPs?
A provision for suspension of members is contained in Rule 374 and Rule 374A of the Lok Sabha Rules for the Lok Sabha and Rule 256 of the Rajya Sabha Rules for Rajya Sabha.
READ ALSO: The CBI has initiated a preliminary inquiry against TMC MP Mahua Moitra over directions given by Lokpal
According to the rules, “the Speaker or Speaker, as the case may be, may appoint any member to be suspended in case of deliberate disregard of the rules of the House or causing disruption in the conduct of proceedings.”
“Following the appointment, a motion to that effect shall be made, and that member shall be suspended for a period not exceeding the remaining days of that session,” it added.
Who sets the rules for the Privileges Committee?
In the Lok Sabha, both the privileges and ethics panels fall under the same branch. While the Privileges Committee investigates complaints by MPs against civil servants, media or other MPs, the Ethics Panel is the only committee that investigates complaints by laypersons against Lok Sabha lawmakers.
As for the rules applicable to these committees, Articles 105 and 194 of the Constitution deal with privileges. These articles state that the rules and regulations applicable to the privileges (including breach of such privileges) shall be determined by Parliament.
Therefore, the Parliament or the State Legislative Assembly has the power to make such ordinances which would also provide for the various privileges, violation of such privilege and the penalty that may be imposed for the violation of such privilege.
(With inputs from Supreme Court advocate Nipun Saxena)
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Published: Dec 8, 2023 8:58 PM IST