BJP MP seeks ‘substantive motion’ in LS against Rahul Gandhi, wants him expelled, banned from polls: What can happen

BJP MP Nishikant Dubey has precondition mark for a “ essential question” in the Lok Sabha against Leader of oppositeness Rahul Gandhi, which can theoretically lead to Gandhi's expulsion by majority vote. Giving notice on Thursday, Dubey sought an inquiry by a parliamentary panel into the Congress leader's “continual misdeeds for destabilizing the country", and demanded that Gandhi be expelled as an MP, plus be banned from elections for the rest of his life.In his notice, Dubey accused Rahul Gandhi of being "a major constituent of the Thuggery Gang to de-stabilise India from within”.He expressly objected to Rahul Gandhi’s speech in the Lok Sabha's ongoing budget session in which the Congress MP referred to former Indian Army chief General MM Naravane’s unpublished book. Gandhi has claimed that Gen Naravane's book “exposes” PM Narendra Modi's “shirking of responsibility” during the border tension with China in 2020. Dubey said this book-related claim was made by Gandhi with an “ulterior motive defaming the Indian Army vis-a-vis the Ministry of Defence along with shamefully involving the Prime Minister".Gen Naravane's ‘Four Stars of Destiny’ manuscript is pending for approval with the MoD since 2023, though he has not disputed Gandhi's and others' claims being made with reference to what he has written. Rahul Gandhi recently showed a printed copy of the book; and later Delhi Police filed a case over its PDF version's online circulation as it's not been duly approved for publication. But what's Rahul really facing, with this motion in Parliament? What does substantive motion mean?There are historical precedents of substantive motions being used to expel members, such as the 2005 cash-for-questions case whereby at least 10 LS members were expelled after a parliamentary probe committee found them guilty of taking money to raise specific queries.More recently, Trinamool Congress MP Mahua Moitra, a prominent face of the national Opposition, was expelled by a House vote on such a motion, after a Parliamentary Ethics Committee found her guilty of a similar cash-for-question scandal in 2023. Moitra later won the same Krishnanagar LS seat in West Bengal in the 2024 election, and returned to the House. The central allegations against her, as well as her challenge against the expulsion, are in courts now.The Lok Sabha has the power to expel its members for serious misconduct or actions that damage the dignity of Parliament. This flows from Article 105 of the Constitution and parliamentary rules read together.Technically, the instrument of substantive motion is a self-contained, independent proposal used to express the decision or opinion of the House on significant matters. Substantive is a type of motion, and major motions such as for removal of a judge, impeachment of President, or a no-confidence motion are substantive in nature.In simpler words, it is a formal proposal placed before the House for discussion and decision. If admitted by the speaker, it entails a debate followed by a compulsory vote.Previously, Congress and the Opposition have given notices for a no-confidence motion of against the then Vice President and Rajya Sabha chairman Jagdeep Dhankhar and now the Lok Sabha Speaker Om Birla.Clear parliamentary majority is with the BJP-led NDA, which is why Rahul Gandhi stares at possible expulsion.Rahul Gandhi faces Nishikant Dubey's serious allegationsA substantive motion is different from a breach-of-privilege notice or motion, and is usually considered more directly actionable. The BJP was earlier considering a privilege motion against Rahul Gandhi, as was confirmed by parliamentary affairs minister Kiren Rijiju.Nishikant Dubey later said a substantive motion will now seek that not only Gandhi be expelled but also be banned from contesting elections.Dubey's allegations include that Rahul Gandhi is “misleading the country” and making “baseless and unsubstantiated allegations”, such as on former Indian Army chief Gen MM Naravane's unpublished book and the recent India-US trade deal.He also said this was not the first time Rahul Gandhi attempted to create controversy with the objective of “defaming” the government, whether in defence, finance, commerce or external affairs. He accused Gandhi of being an “active conduit of Soros Foundation, which is notorious, world-wide, in de-stabilising various countries for the benefit of their client States”. George Soros is a Hungarian-American billionaire investor and philanthropist, often accused by rightwing organisations globally for his support for liberal causes. Dubey also accused the Ford Foundation and USAID of backing Gandhi's “anti-national” activities.Rahul Gandhi had even named minister Hardeep Singh Puri in the Lok Sabha in the context of his name being in files related to the late American sex-offender Jeffery Epstein. People aware of the developments told HT that the government would not move a privilege motion. Hardeep Puri would “respond himself” to the allegations. Puri has already said he had nothing to do with Epstein's crimes, and had met him in the course of some professional engagements as a private citizen. A separate notice under Rule 380 was submitted by BJP chief whip Sanjay Jaiswal seeking expungement of at least four lines from Gandhi’s speech on Wednesday.What Rahul, Congress said on BJP movesRahul Gandhi, when asked about the BJP's moves, snapped at the media, saying they were blindly following BJP directives."Is that the code word for today? Tell me the code word in advance. Yesterday it was 'authenticate', and today it is 'privilege motion'," he said, responding to reporters outside Parliament."You are not yet totally employed by the BJP. At least try to do a little bit of objective stuff… You have a responsibility to be objective. You can't just take a word they give you... Every day, run your whole show on that. You are doing a disservice to this country," he said. Congress general secretary KC Venugopal said, “We are not bothered about any motions; and if you want to hang us, we are ready for that also.”He lashed out at the government over some of Gandhi's remarks in the House being expunged from the records on Wednesday. He said that was why "we took an extreme position" to submit a notice for no-confidence motion for removal of Om Birla as Lok Sabha speaker. “We have not been getting justice from the (Lok Sabha) chair,” Venugopal said, “Whatever Rahul ji said is completely expunged from the records. Whatever (finance minister) Nirmala Sitharaman said, the same remarks were included in the records. The government has double standards... This Parliament is running for the government, not for the opposition,” the MP said.When Rahul lost membership before over Modi surnameVenugopal also mentioned the instance when Rahul Gandhi had lost his membership three years ago, only to get it back. In March 2023, Gandhi was disqualified as MP, following his sentencing by a court in Surat, Gujarat, to two-year imprisonment for having “defamed” the Modi surname and the BJP. By August 2023, the Supreme Court stayed his conviction, which led to his formal reinstatement by the Lok Sabha secretariat within days."What happened afterwards was that people ensured his victory with more votes compared to that of Modi ji… We will continue to tell the truth in Parliament," Venugopal said.In the 2024 election, Rahul Gandhi won two seats — Rae Bareli in UP and Wayanad in Kerala, retaining the former as he could only keep one as per rules. His sister Priyanka Gandhi Vadra entered the Lok Sabha in the Wayanad LS bypoll.Priyanka also commented on actions against her brother. "They will do FIR, cases and whatnot against Rahul Gandhi; but nothing is going to affect him," she said.(with inputs from ANI, PTI)