Parliament Winter Session Day 5 updates | Lok Sabha expels TMC MP Mahua Moitra; both Houses stand adjourned for the day

Rajya Sabha stands adjourned to meet at 11 a.m on Monday, December 11, 2023. 

Sadanand Shet Tanawde, BJP MP from Goa, highlights the issue of revocation of Indian passports to around 70 individuals in Goa who notified their place of birth as Portugal. He requests the Minister of External Affairs to look into the matter, and requests that these persons be allowed to retain Indian passports till their Portuguese passports are created, and once this is done, request that they be given OCI cards with promptitude. 

Dr. Kanimozhi NVN Somu, DMK MP from Tamil Nadu, highlights that development of cruise tourism would contribute to the maritime sector. She requests the Indian government to provide ferries at a reasonable cost to boost this sector. 

DMK MP M Mohammed Abdulla request the Defence minister to look into allowing persons with the hyperpigmentation disorder Vitiligo to serve in the military forces. He highlights that it is non-communicable and person with this disorder have normal anatomy. 

BJP MP Indu Bala Goswami raises a demand for stoppage of Vande Bharat train at the Pathankot railway station. She says that the Pathankot Cantt. is an important station for the people accessing the holy places in Himachal Pradesh. She requests the Railway Minister, through required channels, to introduce a stop, at least for two minutes, at Pathankot station. 

This is a step against the federal system, that is why I oppose the Bill, says BJP MP Biplab Kumar Deb. It is the nature of communists to attack the Constitution and weaken it, he says. In Tripura’s communist party headquarters, they didn’t even raise the national flag on January 26 till they had to, he asserts. Some members protest at his remarks. 

I believe that the Governor is very important, without it, the chain of communication between State and centre will break down, he says. 

Dr. Anil Agarwal, BJP MP from Uttar Pradesh, requests the member to take back his bill, saying that this would preserve the honour of the Constitution. 

INC MP Dr. L. Hanumanthaiah expresses the hope that Assembly be unanimous in passing this Bill, so that the friction between States and Centre would abate. 

Governor is the constitutional head bound by the advice of the council of ministers in the State, acting as a link between State and Centre, he says. Governor is envisaged as an apolitical head, acting under the advice of the council of ministers, with some discretionary powers, he highlights, adding that there are no provisions as to how the Governor and State should engage publicly when there is a difference of opinion.

Dr. Hanumanthaiah highlights certain recommendations pertaining to Governors emanating from the reports of certain commissions. The Sarkaria Commission proposed that Vice-President and Lok Sabha Speaker be consulted for Prime Minister in the selection of the Governor. The Punchchi Commission proposed a committee comprising Prime Minister, Speaker, Home Minister, Vice-President and Chief Minister of concerned State for this selection. It also proposed that the doctrine of pleasure be deleted from the Constitution, but backed the right of Governor to sanction prosecution of Ministers against the advice of the State Governor. It provided also for the impeachment of Governor by State Assembly

Many times, years together, bills have been pending with Governors, which is the main issue today, Dr. Hanumanthaiah says. This is the perfect time to revisit the constitutional morality described by Dr. Babasaheb Ambedkar, he says. He highlights that all the State where bills are pending are ruled by Opposition. 

Forest, education and agriculture were State subjects, but now they are under the Union government, CPI(M) MP Mr. Sivadasan says. The people of the State are requesting for more autonomy, but the Union government is trying to pave the way towards more centralized governance, he adds. 

De-centralisation is the spirit of the age, he says, including both autonomy of the State and the Panchayati Raj, he says. 

State revenue is suffering due to the interference of the Governor, he says. It is the duty of the Governor is to follow the advice of the cabinet of ministers he said. Most of the States are facing fiscal crisis, he says.

After not being allowed to speak inside Parliament, expelled TMC MP Mahua Moitra issues a statement outside the building. 

“There is no evidence of any cash any gifts anywhere. Expulsion based only on the basis that I have shared my login. There are no rules governing the sharing of login. If Modi government thought that by shutting me up, the Adani issue will go. It is evident to what lengths you will go to shut a women MP into submission. Tomorrow the CBI will be sent to my house,” says Ms. Moitra. 

Condemning the BJP’s attitude towards minorities, she reminds that no action was taken against BJP MP Ramesh Bidhuri when he made derogatory remarks against BSP MP Danish Ali. Saying that the Ethics Committee had no authority to expel her, she adds, “I am 49-year-old, I will fight you for the next 30-years inside and outside Parliament”. Proclaiming the end of the BJP, she vows to come back.

Post the introduction of more than 70 Private Member’s Bills, Rajya Sabha moves to consider the Constitution Amendment Bill, 2022- amendment of articles 154 and substitution of articles 155 and 156. Chair allows CPI(M) V. Sivadasan to continue his speech while moving the motion to consider this Bill. 

The articles sought to be amended pertain to the power of the Governor, including powers and term of office. Mr. Sivadasan says that we must prevent the attack on diversity and the curtailing of powers of State legislative assemblies.

BJP MP Biplab Kumar Deb introduces The Compulsory Teaching of Lifestyle for Environment (LiFE) in Schools Bill, 2023 in the Rajya Sabha. The cited objective is to teach this subject to “enable students towards becoming Pro-Planet People in the 21st century.”

JD(U) MP Ramnath Thakur introduced the Freedom of Marriage and Association and Prohibition of Crimes in the name of Honour Bill, 2023 in the Rajya Sabha. The Bill seeks to prohibit crimes in the name of honour, “assemblies and other conduct interfering with the freedom of marriage and association and to provide justice, compensation and rehabilitation in crimes committed in the name of honour.” The objective is to protect individual liberty and prevent victimization.

BJD MP Sujeet Kumar introduces two bills in Rajya Sabha: one to amend the Antiquities and Art Treasures Act, 1972 and another to amend the Indian Penal Code, 1860. 

Dr. V. Sivadasan introduces three bills in the Rajya Sabha. This includes the Right to Free Internet Bill, 2023, to provide for free internet access to all the citizens in the country. The second is a bill to provide free access to public space to all citizens (The Right to Public Space Bill, 2023.) and the third is to The Right to Early Childhood Care Bill, 2023.). 

INC MP Dr. Fauzia Khan introduces a a Bill to further amend the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. in the Rajya Sabha.

She also introduces two other bills: The Constitution (Amendment) Bill, 2023 to insert of new articles 330A, 330B etc. and the Constitution (Scheduled Tribes) Order (Amendment) Bill, 2023 to include the Dangar community in the list of Scheduled Tribes.

As Opposition erupts in chaos, the Lok Sabha Speaker Om Birla calls for vote on the Ethics committee’s report on Mahua Moitra. Union Parliamentary Affairs Minister Prahlad Joshi moves the motion to expel Ms. Moitra as the committee found her guilty of sharing her credentials with others, accepted gifts for favours from a businessman. 

With majority voting for her expulsion in a voice vote, Ms. Moitra has been expelled from the Lok Sabha. Opposition staged a walkout during the vote.

The Lower House has been adjourned till Monday. 

JD(U) MP Giridhari Yadav minimises allegations against TMC MP Mahua Moitra of sharing her Parliamentarian password with others. Claiming that he does not know how to use computers, he says, “My personal assistant has my password. He prepares my questions”. 

Speaker Om Birla takes issue with his statement. Warning to take action against him, he says, “Every Parliamentarian must prepare his own questions. Do not pass off this work to others”.

TMC and Opposition MPs rally behind Mahua Moitra and press Speaker Om Birla to allow her to speak in the House. 

Ms. Moitra has not been allowed to question the witnesses during the investigation and has not been given the opportunity to defend herself appropriately, Mr. Banerjee says.

Parliamentary Affairs Minister Pralhad Joshi refutes the request, says that the precedent in the matter as set by former Speaker Somnath Chatterjee dictates that members who have been given time to present their arguments to Ethics Committee are not allowed to speak during the same discussion in the House.

“This is not a question of Treasury versus Opposition. This is about the dignity of the House,” the MP says.

She also informs the Lower House that all Parliament members sign a form on the member’s portal which explicitly says that we are not allowed to share our IDs and passwords with anyone.

This one incident has brought shame to our parliamentarians globally, Ms. Gavit adds.

“Can a party direct its members to vote in a particular way?” Mr. Tewari asks, raising questions on the party whips. “Can a whip even be issued? This is like directing a judge to decide a matter in a particular manner,” he adds.

A united Opposition demanded the Chair for a division of votes as they opposed the introduction of a Private Members’ Bill to repeal the Waqf Act, 1995.

What sort of a justice system is this that does not allow the accused to express their argument entirely, the MP says. “The Ethics Committee at best can make recommendations. That whether a person is guilty or a person is innocent, it is this House sitting as a jury which has the power to decide the quantum of punishment,” he says.

Heavens would not have fallen if we would have been given a few more days to read the Ethics Committee report, he says, quoting Adhir Ranjan Chowdhury.

The new Parliament building should not be tainted by the way women are being treated, Mr. Chowdhury says. Treasury benches demand expunction of his comments.

Speaker Om Birla requests members to hold the dignity of the House above all during the discussion. 

Proceedings in the Upper House have resumed after lunch. Private Members’ legislative business has been taken up by the Chair.

Amid opposition, BJP Harnath Singh Yadav moved for leave to introduce a Bill to repeal the Waqf Act, 1995. The Bill was opposed by several MPs. “The only objective of the Bill is to create polarisation and disharmony,” noted Kerala MP John Brittas. 

Om Birla is in the Chair.

Congress leader Adhir Ranjan Chowdhury has written an urgent letter to Speaker Om Birla seeking a few days for the members to go through the 104-page report of the Ethics Committee. (Input by Sandeep Phukan)

The Upper House has been adjourned for lunch. Proceedings will resume at 2 p.m. 

Amid protests from the Opposition members, the House has been adjourned until 2 p.m. It hasn’t yet taken up any resolution to expel her. BJP MP Rajendra Agrawal, who was in the Chair, said it has only been tabled now and the House will take a decision on it. (Input by Sandeep Phukan)

Proceedings will resume at 2 p.m.

Rajendra Agrawal, who is chairing the session, refuses to admit notices given by members. Opposition members continue to protest.

Zero Hour was followed by Question Hour in the Upper House. The first question taken up is related to the PM-Kisan Samman Nidhi.

The controversy surrounding the TMC MP over charges of cash-for-query had snowballed into a political storm after BJP leader Nishikant Dubey accused her of accepting cash and favours for asking questions in Parliament at the behest of a businessman.

The Lok Sabha Ethics Committee, which examined the case against Ms. Moitra, heard the two sides and later adopted a report recommending the expulsion of the TMC MP from the Lower House over “cash-for-query” allegations. While six members voted in favour of the report, including suspended Congress MP Praneet Kaur, four Opposition MPs opposed it. 

A report of the Ethics Committee which recommended the expulsion of TMC MP Mahua Moitra in a “cash-for-query” case is listed for tabling in the Lok Sabha today. The report was earlier listed in the agenda of the lower house for December 4 but was not tabled.

The revised list of business for Friday issued by the Lok Sabha secretariat has listed the Ethics Committee report as agenda item number 7. Various opposition members have insisted that there should be a discussion on the recommendations before a decision is taken on Moitra.