In a significant development, Trinamool Congress leader Mahua Moitra has been expelled from the Lok Sabha following the tabling of an Ethics Committee report on Friday. Which recommends his removal, and accuses him of “unethical conduct” and “contempt of the House” for sharing Lok Sabha login credentials with another person. The committee has sought a “thorough, legal, institutional investigation” by the Central government into the alleged “quid-quick” cash transactions between Mahua Moitra and businessman Darshan Hiranandani.
The Ethics Committee’s investigation stems from allegations made by BJP MP Nishikant Dubey, who claimed Moitra accepted a bribe from Hiranandani in exchange for posing questions in the Lok Sabha.
The focal point of the report revolves around the ‘money trail’ of the cash transaction, urging the Government of India to conduct a thorough investigation in a “legal, institutional, and time-bound manner.”
Given this expulsion, what legal options does Mahua Moitra have? Former Lok Sabha Secretary General PDT Achary notes that Moitra can challenge her expulsion in the Supreme Court of India. However, he highlights the constitutional protection provided under Article 122, which shields the validity of parliamentary proceedings from challenges based on alleged procedural irregularities.
“Article 122 stipulates that the legitimacy of parliamentary proceedings cannot be challenged based on alleged procedural irregularities. Officers or Members of Parliament empowered by the Constitution to regulate parliamentary procedures, conduct business, or maintain order are exempt from the jurisdiction of any court concerning the exercise of those powers”.
Therefore, Mahua Moitra’s legal recourse faces the formidable obstacle of Article 122, which aims to safeguard parliamentary proceedings from external legal challenges. The constitutional nuances surrounding this expulsion underscore the complex interplay between parliamentary privilege and the right to legal redress.
As Mahua Moitra navigates the legal landscape, the unfolding developments spotlight the delicate balance between parliamentary autonomy and the right to judicial review, raising broader questions about the constitutional boundaries that define the relationship between the judiciary and the legislature in India.
