Substantive Motion in Parliament
The concept of a substantive motion has recently gained attention due to BJP MP Nishikant Dubey's notice against Leader of the Opposition Rahul Gandhi. Understanding this parliamentary procedure is crucial for comprehending its potential implications and uses within the legislative process.
Definition and Purpose
A substantive motion is defined as a self-contained, independent proposal that requires the approval of the House. It is crafted to express the decision of the House on specific issues.
- Examples include motions for the election of the Speaker and Deputy Speaker, motions of thanks on the President's address, and motions of confidence/no-confidence in the Council of Ministers.
- Substantive motions also cover resolutions for the removal of key parliamentary positions like the Speaker, Deputy Speaker, and others.
Procedure and Requirements
Substantive motions require notice and are generally moved by the member who provides the notice. Exceptions exist for motions in the minister's name, which can be moved by another minister with due acknowledgment.
- No requirement for seconding, except in specific cases like the election of the Speaker or Deputy Speaker, and the President's address motion.
- The mover of the motion retains the right to reply to the debate on the motion.
Historical Instances
- In 2005, following a cash-for-query scandal, a substantive motion led to the expulsion of 10 Lok Sabha members after a committee found them guilty.
- In 2006, members were reprimanded and suspended concerning the MPLADS scheme after similar procedural steps.
- The 2008 case of Babubhai K Katara led to his expulsion after being found guilty of misconduct.
- Other instances include suspensions for misuse of privileges, such as the misuse of official air journeys by Rajesh Kumar Manjhi in 2007.
- Impeachment proceedings, such as those against Supreme Court judge V Ramaswami in 1991 and Justice Soumitra Sen in 2009, demonstrate the use of motions in high-stakes legal contexts.
Impeachment and Removal Procedures
The Constitution provides specific procedures for impeaching the President and removing other high officials through substantive motions, reflecting their importance in maintaining accountability.
- For example, the motion against Justice Soumitra Sen required a special majority in the Rajya Sabha before being referred to the Lok Sabha.
- These procedures ensure that elected officials and appointees are held to the highest standards of conduct.
Understanding the mechanism of substantive motions is vital for grasping how parliamentary accountability and disciplinary actions are structured, which is particularly relevant for UPSC aspirants preparing for examinations on Indian polity and governance.
