Peeping into the history of the Indian Parliament, in 1976, the then Rajya Sabha member Subramanian Swamy was expelled from the House for some objectionable comments regarding India in UK, US and Canada.
Rahul Gandhi has said that he will never apologize for the truth.
He is constantly on the target of BJP for the remarks made by Rahul Gandhi in Cambridge University on India’s Parliament and democracy. BJP wants Rahul Gandhi to apologize for his statements given abroad. First Law Minister Kiren Rijiju made strong remarks on Rahul Gandhi and now BJP MP Nishikant Dubey has demanded to form a special committee against Rahul Gandhi. It is said that Rahul Gandhi Lok Sabha Membership may be at risk.
BJP MP Nishikant Dubey has demanded formation of a special committee against Rahul for his statements insulting Parliament, democracy and institutions. He said that even in the ‘cash for query’ scandal in 2005, the special committee of the Parliament had terminated the membership of 11 MPs on the charges of hurting the dignity of the Parliament and this was upheld by the Supreme Court.
Nishikant Dubey has written a letter to Lok Sabha Speaker Om Birla to Lok Sabha Speaker under Rule 223 of Procedure and Conduct of Business in Lok Sabha. In the letter, he has demanded a special parliamentary committee to investigate Rahul Gandhi’s ‘derogatory’ remarks and to consider expelling him from the House. Dubey has argued that Congress MP Rahul Gandhi has violated three privileges during his speech in the motion of thanks on the President’s address. Explain that Rule 223 (Parliamentary) explains the privilege. Let’s know about it in some detail.
What is parliamentary privilege?
Article 105 of the Indian Constitution defines the exemptions and privileges that are available to the members of both the Houses of the Parliament. This provision exempts MPs from their civil liability, which is not called criminal. These are known as parliamentary privileges.
There are four major privileges enjoyed by MPs – freedom of speech in Parliament, freedom from arrest, right to prohibit publication of proceedings and right to exclude strangers (who are not members of the House). Any MP can be warned on the basis of seriousness, action can be recommended and even they can face imprisonment for violating these privileges or taking unethical advantage.
What does rule 223 say?
This rule allows a member to raise a question in Parliament with the consent of the Speaker (under Rule 222) in case of a breach of privilege committed by a member or committee. Such matters may be referred to the Committee of Privileges for deliberation and further investigation. This committee prepares a report after listening to both the sides on the whole matter and recommends action if necessary.
Can Rahul Gandhi’s membership go?
Peeping into the history of the Indian Parliament, in 1976, the then Rajya Sabha member Subramanian Swamy was expelled from the House for some objectionable comments regarding India in UK, US and Canada.
Nishikant Dubey has also argued for breaking Rule 352 by commenting against Prime Minister Narendra Modi in Parliament without prior notice. At the same time, Union Minister Rijiju accused Rahul Gandhi of ‘lying’ in London and said that he has ‘insulted’ the country. He has described it as giving air to anti-India forces. Rijiju said, “Anything related to the nation is a matter of concern for all and we cannot remain silent if senior Congress leaders insult the country.”
Such claims of BJP leader and minister can also be brought under section 124A of IPC. This section defines sedition. According to experts, if the matter catches fire and the Committee of Privileges recommends, then Rahul Gandhi’s membership may be in danger.
