Trinamool Congress (TMC) leader Mahua Moitra's tumultuous term in Lok Sabha came to a culmination with her expulsion from the Lower House on September 8, after the Ethics Committee report held her accountable for accepting gifts and illegal gratification from a businessman to further his interest.
Moitra who was denied the opportunity to speak following a contentious debate was expelled after Parliamentary Affairs Minister Pralhad Joshi proposed a motion to expel the TMC member for "unethical conduct", a motion that was adopted through voice note.
Responding to her expulsion, Moitra strongly criticised the decision calling it similar to being sentenced by a "kangaroo court" and accusing the government of weaponising parliamentary panels to coerce the opposition into submission.
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What Is the Expulsion Of An MP?
"The serious misdemeanors on the part of Mahua Moitra calls for severe punishment. The Committee, therefore, recommend that Mahua Moitra, MP may be expelled from the Membership of the Seventeenth Lok Sabha," the Ethics Committee report read.
The Lok Sabha on Friday and voted to expel Moitra from the membership of the house. According to Article 101 of the Constitution, an MP's seat can be vacated only on three grounds which include resignation, disqualification and continuous absence from the Lok Sabha for 60 sittings.
Participating in the debate today over the Ethics Panel report in the lower house, Manish Tewari, who was nominated by the Congress to speak on the issue questioned whether the procedure of the Ethics Committee overrides the fundamental principle of Natural Justice.
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"Can the procedure of the Ethics Committee override the fundamental principle of natural justice which is the organising principle of every justice system in the world? From what we read in the newspaper, the one who has been made an accused - she was not able to complete her deposition. What kind of procedure is this?"
He further said that the Ethics Committee can recommend whether a Member is guilty or not but it cannot decide what would be the exact punishment.
"This is a fundamental distinction. That power lies with this House. The Ethics Committee can best make recommendations about whether a person is guilty or innocent. It is with the House to decide what would be the quantum of punishment. Here recommendation of the Commitee is fundamentally flawed," he said.
Congress MP further raised a point that can a party direct its MPs to vote in a particular way in an impeachment procedure.
"Can a whip be issued? because this is like directing a judge to decide on a particular matter. This is a complete travesty of Justice. This House should be adjourned. All whips should be withdrawn," he said.
Manish Tewari said that today the Parliament has turned into a court to which Lok Sabha Speaker Om Birla replied, "No this is not a court. This is a House. I am not a judge, the House will decide what to do."