What the rules say on Rahul Gandhi being expelled from Lok Sabha

The time has gone when an Opposition leader would throw some caustic remark and the BJP would let it go just like that. With the onset of poll season, BJP seems to have turned aggressive and is paying them back in the same coin these days.

Take the case of Congress leader Rahul Gandhi's controversial "democracy under brutal attack" remark in the UK. BJP has upped the ante and has gone to the extent of demanding his expulsion from the Lok Sabha.

Why BJP seeks Rahul's expulsion?

The ruling BJP sees his remarks as an "attack on India's sovereignty". Party MP Nishikant Dubey has demanded constitution of a special parliamentary committee to inquire into the Congress leader's "contemptuous" remarks and consider if he should be expelled from the House so as to send out a clear message that "no one can take the pride and respect of high institutions for a ride."

Dubey said he is seeking the formation of a special parliamentary committee similar to the one made in 2008 on the cash-for-votes scam during the UPA-I government.

In a letter to the Lok Sabha Speaker, Dubey said he is giving notice under Rule 223 of the Rules of Procedure and Conduct of Business in Lok Sabha on the "contemptuous and unbecoming behaviour" of the Congress MP while delivering his speech at Cambridge University.

The BJP MP pointed out that Gandhi claimed there that "microphones are turned off in the Indian Parliament when members from the Opposition speak." Gandhi also said that "why the biggest advocates of democracy like the US and the UK are silent on the developments in India on this front?"

He alleged that statements made by Gandhi are "virulent and part of a systematic anti-India campaign to malign the image of and bring disrepute to the country amounting to contempt of Parliament and a concerted effort to run down and defame our democratic institutions."

What the rules say?

Did Rahul breach the standard operating procedures (SOP) of foreign policy? Whether a Member of Parliament should have denigrated his own country on a foreign land? If yes, will it attract any punishment in any form? Let us take a look at what the rules say about a possible expulsion of an MP on these grounds.

What is parliamentary privilege?

Parliamentary privilege refers to special rights enjoyed by Parliament as an institution and MPs in their individual capacity, without which they cannot discharge their functions as entrusted upon them by the Constitution. As per Article 105, parliamentarians enjoy the freedom of speech in Parliament, freedom from arrest, the right to prohibit the publication of proceedings, and the right to exclude strangers. If an MP commits a breach of privilege, he/she can be punished with ranging from serving a warning to imprisonment, depending upon its severity.

Union Law Minister Kiren Rijiju had said, "Rahul lied in London. His utterances there are way beyond just breach of parliamentary privileges. He has insulted the country and given more fodder to the anti-India forces."

What is sedition or treason?

Sedition is defined under Section 124A of IPC as: "Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine."

So, can Rahul be expelled?

Subramaniam Swamy was expelled from the Upper House in 1976 after making disparaging remarks about India in the UK, the US and Canada. Dubey has highlighted the 1976 incident in which Subramanian Swamy was expelled from Rajya Sabha for throwing allegations against Parliament and the Prime Minister. According to Dubey, the same holds true in Rahul Gandhi's case too.