Bharatiya Janata Party approached the Speaker of the Lok Sabha, Om Birla, to appoint a committee to investigate if Rahul Gandhi’s comments in London were an insult to India’s democracy and whether he should be suspended from the Lok Sabha if he does not apologise in front of the House.
Nishikant Dubey, a member of the Lok Sabha, had requested that a special parliamentary committee be established in accordance with Rule 223 of the House’s norms of procedure and conduct of business to look into the Congressman’s ‘contemptuous’ remarks.
He stated, that in order to send a strong message and ensure that ‘no one takes the pride and respect of high institutions for a ride,’ the committee should consider suspending Rahul from the House. According to Dubey, he is pushing for the appointment of a special parliamentary committee similar to one formed to investigate the cash-for-votes scandal that occurred under the UPA-I government in 2008.
The Congress leader has denied the accusations and refused to retract his statements. He also met with the Speaker to request to be permitted to speak in defence of himself in the Lower House.
Breach of Parliament’s privilege
Constitutional scholar Subhash C. Kashyap, who served as secretary general of the seventh, eighth, and ninth Lok Sabhas, said, that what amount to a breach of Parliament’s privilege was up to the House to determine. “It can decide whether the member has breached the privilege or a contempt of the House has taken place. The House has full authority,” he said.
“In general, Rahul’s allegation that mics of Opposition MPs are switched off when they speak could be a matter for the Privileges Committee as it could be seen as an insult to the Chair. However, his statement, that democracy is under attack in India would probably not amount to a breach of Parliament’s privilege,” P.D.T. Achary, another former Secretary General of Lok Sabha. He added, that the House determines what constitutes contempt.
Legal basis for setting up the special committee
The House is in charge to decide the legal basis for setting up the special committee. Kashyap informed, “The House can set up a committee and decide its terms of reference. It is entirely within its power.”
Achary mentioned, that a resolution for the formation of such a committee and its mandate could lead to the creation of a special committee. “Before somebody can be punished for an offence, the offence must be defined. A committee similar to the one that was set up to investigate the cash-for-votes scandal in 2008 could be formed to investigate and punish an MP,” he noted.
Rahul Gandhi’s case
Given its dominance in the Lok Sabha, the BJP will hold a majority in any committee that is created. The committee can meet every day and call the Gandhi scion for an explanation. It generally turns in its findings within a month.
Wayanad won’t have a representative in the House if Rahul is suspended for a certain amount of time. There won’t be a by-election, which can only be called if the MP is expelled.
What had Rahul Gandhi said
On February 28, he at Cambridge University opined, that ‘everybody knows that Indian democracy is under attack,’ and ‘the institutional framework which is required for a democracy, Parliament, a free press, the judiciary, just the idea of mobilisation, are all getting constrained.’
On March 6, during a discussion in Chatham House, he said, “It is an Indian problem and the solution is going to come from inside. However, the scale of Indian democracy means that it is a global public good. If Indian democracy collapses, democracy on the planet suffers a very serious, possibly fatal blow. So it is important for you too.”
He, according to the BJP, promoted an ‘untenable narrative’ and made ‘denigrating, inappropriate comments’ about Indian institutions abroad as part of a ‘calculated strategy’ to damage them.
Delhi Police issues notice to Rahul Gandhi
Meanwhile, Delhi police issued a notice to Rahul Gandhi on the ‘women in Kashmir are still being sexually assaulted’ allegation, made during the Kashmir leg of Bharat Jodo Yatra in January and sought details of victims so that action can be taken. Taking cognisance of social media posts, police have sent a questionnaire and asked him to give details about women who approached him regarding sexual harassment.
