Can Rahul Gandhi Be Expelled From Lok Sabha? Step-By-Step Process To Remove A Member Of Parliament

Last Updated:February 12, 2026, 15:23 IST

Rahul Gandhi faces criticism over India-US trade deal remarks as Nishikant Dubey seeks a substantive motion for his Lok Sabha expulsion, citing alleged anti-India collusion.

Leader of Opposition in the Lok Sabha Rahul Gandhi is facing intense criticism over his remarks on the India-US trade deal. After responding to Gandhi’s allegations on Wednesday, BJP MP Nishikant Dubey on Thursday submitted a notice seeking to initiate a “substantive motion" against the Congress leader.

Dubey demanded cancellation of Rahul Gandhi’s Lok Sabha membership and a lifetime ban from contesting elections, accusing him of colluding with “anti-India elements".

What Is a Substantive Motion?

A substantive motion is an independent and self-contained proposal submitted for the approval of a legislative House. It is drafted to express the opinion, decision, or will of the House on an important matter. Any Member of Parliament can move a substantive motion to seek an opinion or will of the House on a significant issue.

How Is It Different From a Privilege Motion?

A privilege motion is moved when a Member believes that a breach of parliamentary privilege or contempt of the House has taken place. It is generally used to hold a Member accountable for misleading the House or violating its privileges. If admitted, the matter may be referred to the Privileges Committee or the Ethics Committee for investigation.

How Can an MP Lose Membership of Parliament?

An MP can lose membership under several constitutional and legal provisions.

Disqualification Under the Constitution (Article 102)

A Member can be disqualified for holding an office of profit, being of unsound mind, being an undischarged insolvent, or not being a citizen of India.

Disqualification Under the Anti-Defection Law (Tenth Schedule)

A Member can be disqualified if they voluntarily give up membership of their political party, vote or abstain against the party whip without permission, an independent Member joins a political party after election, or a nominated Member joins a party after six months.

Disqualification After Criminal Conviction (RPA, 1951)

If an MP is convicted by a court and sentenced to two years or more, they are immediately disqualified from the date of conviction and cannot contest elections for six years after release.

Expulsion By The House

The Lok Sabha has the power to expel its members for serious misconduct or actions that damage the dignity of Parliament. This authority flows from Article 105 of the Constitution and parliamentary rules, even though expulsion is not explicitly mentioned in the Constitution.

A Member may be expelled for corruption, bribery, misuse of position, contempt of the House, serious unethical conduct, or misconduct proven through inquiry. Expulsion is a rare and extreme step, but an expelled Member may contest elections again unless separately disqualified under law, such as in the case of criminal conviction.

Election Declared Void by Court

An MP can also lose membership if a High Court sets aside their election due to malpractice, fraud, or violation of election laws.

How The Expulsion Process Works

The process usually begins when a complaint is made against a sitting Member. The Ethics Committee or Privileges Committee conducts a detailed probe, examines evidence, and gives the Member an opportunity to defend themselves. If the committee finds the Member guilty and recommends expulsion, a motion is moved in the Lok Sabha to accept the recommendation. If a majority of Members support the motion, the Member is expelled.

In 2005, eleven MPs were expelled in the cash-for-query scandal, marking one of the largest mass expulsions in Indian parliamentary history. More recently, TMC MP Mahua Moitra was expelled following an Ethics Committee inquiry in connection with the cash-for-query case.

News explainers Can Rahul Gandhi Be Expelled From Lok Sabha? Step-By-Step Process To Remove A Member Of Parliament

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