Now, if that can be done or not is a question many seem to be asking. While there is no denying the rights of Lok Sabha and its committees, their decision has certainly attracted questions from citizens.
The ruling party levied cash-for-query allegations against Moitra for accepting cash and gifts to raise questions against Adani in the Parliament. The formal complaint regarding this was filed by BJP MP Nishikant Dubey with Lok Sabha Secretariat and as per the procedure, the matter was handed over to the Ethics Committee of the Lok Sabha for the further enquiry. After the enquiry, the Committee submitted its report to the Lok Sabha in which it recommended Moitra to be expelled from the lower House of Parliament. After the Committee’s recommendation, Minister of Parliamentary Affairs Pralhad Joshi presented this report to the Lok Sabha and tabled resolution to accept these recommendations. This resolution was passed over a voice vote and expelled Moitra from Parliament.
However, a question arises whether someone’s Parliamentary membership can be taken away in this manner as there are certain rules which have to be taken into consideration. As per Rules of Procedure and Conduct of Business in Lok Sabha, Rule 374 and 374 (A), an MP can be suspended. A Member of Parliament can be suspended if he/she is constantly obstructing the functioning of the House or if his/her behaviour is proving to be troublesome to the Parliament. MPs of Aam Admi Party Sanjay Singh and Raghav Chaddha were suspended on the same provisions. A few other MPs were also suspended for a time period earlier. An MP can be disqualified for defecting the party. A candidate’s election may be annulled if he was found to be involved in malpractices during the election or if he/she was ineligible to contest the elections when they did so.
Now the fourth scenario where an MP can lose membership as if they are sentenced punishment of 2 or more years. Mahua Moitra’s expulsion does not fit into any of the four scenarios and that is why questions are raised over the manner in which she was expelled. The recommendations by the Committee can be implemented only if the House accepts it. There is no compulsion on Lok Sabha to accept all the recommendations suggested by the Committee. For context, a person is bound to be punished by the law whenever he commits a crime. It’s mandatory and goes without saying. However that is not the case with the punishment suggested by the respective Committee for an MP. There are no defined rules over how much a member of the parliament can be punished for misconduct. Committee of Privileges can warn, punish to sit an entire day or suspend the parliamentary membership for a few days in the matters handed over to them. However, Moitra’s case was about ethical misconduct and not violation of privileges. As per a Supreme Court judge, the matter was taken to Lok Sabha as it does not come under violation of Indian Penal Code. In simpler words, there would have been no punishment in this case as per the general law. As per Moitra, the Ethics Committee does not have any proof of her accepting cash and gifts for asking questions. In that case, it is definitely unfair for Moitra to be expelled. Another critical part of this story is that Moitra shared her Lok Sabha login credentials with a third party, which is admitted by Moitra herself. Of course it is wrong but according to Moitra, there are no rules regarding sharing of login credentials. And even if it is considered as a crime, did she deserve punishment so severe that she has to lose her Parliamentary seat which she won solely based on people’s votes? BJP in 2005 had taken the similar stance when a TV channel’s sting operation exposed that some MPs had taken money to ask questions in the parliament. 11 MPs were expelled in the case which included 6 MPs of BJP, 3 MPs of BSP, 1 from RJD and 1 from Congress. The matter was taken to Lok Sabha like the current case and BJP had staged walk-out from the House.
Lalkrishna Advani had said that although the matter is of corruption, expulsion as punishment was far too severe for the crime. Fast forward to 2023 and BJP has taken contradictory stance. Interestingly, video proofs of MPs taking money were available in 2005 case which is not the same in Moitra’s case. And yet, her parliamentary membership is cancelled in the country which is the biggest democracy in the world.
