Ranbir Singh Pathania
Parliament has been in a state of stalemate on fifth consecutive day. On one side is the high voltage charge against Rahul Gandhi, fed by BJP’s top brass. While, the other side sticks to its guns seeking a JPC probe on the Adani – Hidenberg issue. Battle gets murkier with exchange of privilege motions – one pending against Rahul Gandhi, and the latest one against the Prime Minister. The jargons pivot around furious allegations and flat denials.
What Rahul Gandhi said?
The over-indulgent Yuvraj of Congress, while in UK, professed ‘death of democracy’ in India. He spoke about Pulwama attack, Pegasus row, comparing RSS with Muslim brotherhood and many other issues. He also sought intervention of the US and Europe. He further complained of muzzling of mikes of opposition benches in Parliament while they rise to make a point.
BJP has all its guns blazing, calling it as denigrating the gospel of democracy as well as sanctity and neutrality of the presiding officers of Parliament. It has sought an unqualified apology too. While the Grand Old Party still seems obsessed with jinx ‘King is always right’. It had been some two hundred years back that West was also overawed with the same dogma, ‘Church is always right’.
A simple political speech or turning the tables at political adversaries, may it be the Prime Minister, is one aspect. Nevertheless, painting the ethos and democratic credentials of the country with a black brush is really a matter of concern. A disastrous choice of words, invectives and arguments puts Mr Gandhi on thin of the ice.
Failure to assess and ascertain as to where the Lakshmana Rekha is drawn, even qualifies Mr Gandhi to be condemned to more glitter and least gold. Or if failure to catch the instincts and aspirations of emerging India has hung heavier.
Spearheading attack on Rahul Gandhi, Mr Dubey, BJP MP from Jharkhand, has moved a motion under Rule 223 of Rules of Procedure and Conduct of Business in Lok Sabha on the ‘contemptuous and unbecoming behaviour’ of Rahul Gandhi.
Born with a silver-spoon-in-mouth, Mr Gandhi is already in the thick of the fire while facing another privilege motion for making “misleading, derogatory, unparliamentary and incriminatory” statements during a discussion on the motion of thanks on President’s Address.
Delhi Police has also sent a notice to him seeking details of victims of sexual violence as alleged by him during Bharat Jodo Yatra at Srinagar.
During UPA rule, he faced flak for tearing papers of an ordinance in Lok Sabha, right in the face of Prime Minister, Dr Manmohan Singh.
What is Rule 223?
This rule allows a member to raise a question, with the Speaker’s consent (under Rule 222), in the Parliament on the matter of breach of privilege committed by a member or a committee. Upon deliberation on the matter, the Speaker may refer the case to a Committee of Privileges (constituted by the Speaker) for further investigation and report.
Can an MP be suspended or expelled?
Yes. Members could also be suspended or even permanently expelled for their conduct unbecoming of a Member of the August house.
“Rule 373: The Speaker can direct a member to withdraw immediately from the House if he finds the member’s conduct disorderly……
Rule 374: The Speaker can name a member who disregards the authority of the Chair or abuses the rules of the House by persistently and wilfully obstructing the business thereof.
And the member so named will be suspended from the House for a period not exceeding the remainder of the session…”
Rule 374-A: Rule 374-A was incorporated in December 2001.
In case of gross violation or severe charges, on being named by the Speaker, the member stands automatically suspended from the service of the House for five consecutive sittings or the remainder of the session, whichever is less.”
Rule 255 & Rule 256 of the General Rules of Procedure of the Rajya Sabha, empower the presiding officer of the House to invoke suspension of the Member of Parliament.
Under English law also an MP could be suspended also for ‘disorderly conduct’.
What is parliamentary privilege?
Article 105 of the Indian Constitution defines a set of special rights, exemptions and immunities, known as parliamentary privileges, that are enjoyed by both Houses of the Parliament, committees and their members. Four major privileges enjoyed by parliamentarians are freedom of speech in Parliament, freedom from arrest, right to prohibit the publication of proceedings and right to exclude strangers (who are not members of the House).
The punishment for any parliamentarian found to have committed a breach of privilege can range between a warning and imprisonment, depending upon its severity.
Now that Supreme Court has also ruled that for acts of vandalism and violence no privileges, immunities are available and it is very much permissible and legal for a Speaker as well as the House to punish its members for their conduct which just fall fit in the framework of irresponsible member of August house.
Although we are having democracy primarily on Westminster and regarding the law and conventions governing ‘law of privileges’ overarching opinion remains that it should be left ‘uncodified’. And the source of for deciding Parliamentary privileges varies from case to case on the basis of Constitutional provisions, various laws passed by Parliament, in-house Rules of procedure, Parliamentary practices and conventions and judicial rulings.
MPs who were permanently expelled from the House: –
The countdown started in 1951 with H. D. Mudgal who was found guilty in ‘cash for query’ scam. In 1976, the then Rajya Sabha member Subramaniam Swamy was expelled from the House for certain remarks he made about India in the UK, US and Canada. Former PM Indira Gandhi was expelled in 1978 from membership for having repeatedly committed ‘breach of privilege’ and ‘contempt of the House’. Vijay Malya and Chhatrapal Singh Lodha were also expelled. In 2005, a historic vote saw permanent expulsion of eleven MPs who were caught on camera seeking money for asking questions.
Can expulsion or suspension challenged in a Court of law?
No. Article 122 stops Courts from questioning proceedings of Parliament. It reads as:
“122. Courts not to inquire into proceedings of Parliament
(1) The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure…..”
Amendment in RPA
Given a series of stand-offs in the Parliament, voices have grown shriller seeking an amendment in Representation Of Peoples Act for redressing the rot.
Union Home Minister has shown a viable ray of hope while speaking in India Today conclave, ‘Let both the sides sit and sort out’.
Let us keep our fingers crossed as to when the logjam breaks and House is able to transact its enlisted business. Nonetheless, bottom-line remains that we need to respect institutions and the ideals and principles of Indian Constitution.
I have argued at more than an occasion that Bharatvarsh was not case where Church or the King was ever looked upon as infallible or ‘always right’. The gospel of ‘Dharma’, we may also call ‘rule of law’, as old as Ramayana and Mahabharata, has been given a supreme place.
Let us be true to our ethos, cultural richness and civilizational values.
Let us be constructive and brace up to move ahead and put forward our views in a decent, dignified manner.
(The columnist practices law at the J&K, High Court of Judicature.)
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