What Is a Substantive Motion? Understanding the Parliamentary Tool in Simple Terms
With BJP MP Nishikant Dubey giving notice to move a substantive motion against Leader of the Opposition Rahul Gandhi for allegedly misleading the House, many people are asking: What exactly is a substantive motion?
What is a Substantive Motion?
In simple words, a substantive motion is a formal proposal placed before Parliament so that the House can discuss it and take a clear decision by voting.
According to parliamentary experts M.N. Kaul and S.L. Shakdher in their book Practice and Procedure of Parliament, a substantive motion is a self-contained proposal that can stand on its own and express the official decision of the House.
If the motion is passed, it becomes the decision of the House.
When Is a Substantive Motion Used?
Substantive motions are used in serious matters. Some common examples include:
- Election of the Speaker or Deputy Speaker
- Motion of Thanks to the President
- No-confidence or confidence motions
- Adjournment motions on urgent public matters
- Removal of the Speaker or Deputy Speaker
- Declaring a seat vacant
- Discussing the conduct of a person in a high authority
Importantly, the conduct of senior leaders or constitutional authorities can only be discussed through a properly drafted substantive motion.
How Does It Work?
Here are the key rules:
- A member must give prior notice before moving the motion.
- Only the member who gives notice can move it (unless it is in the name of a Minister, which another Minister can move).
- It usually does not require another member to second it.
- The motion is debated and then put to a vote.
- The member who moves the motion has the right to reply at the end of the debate.
In this case, since Nishikant Dubey is not a minister, he would need the Chair’s permission to move the motion himself.
Past Examples of Substantive Motions
Substantive motions have been used earlier in serious disciplinary cases in Parliament.
1. Expulsion of MPs in 2005 (Cash-for-Query Case)
In 2005, after a TV sting operation showed MPs allegedly taking money to ask questions in Parliament, an inquiry committee was formed.
Then, the Leader of the House, Pranab Mukherjee, moved a substantive motion to expel 10 MPs. The House passed the motion, and the members were expelled.
2. MPLADS Misconduct Case (2006)
In another case related to the misuse of funds under the MPLADS scheme, a committee found some MPs guilty. A substantive motion to reprimand and suspend certain members was moved. The House adopted the motion.
3. Babubhai Katara Case (2008)
MP Babubhai K Katara was arrested for attempting to take two people abroad illegally using passports of his family members.
After an inquiry, a substantive motion was moved and passed to expel him from the Lok Sabha.
4. Suspension for Misuse of Air Travel
In another instance, MP Rajesh Kumar Manjhi was suspended after being found guilty of misusing official air travel facilities.
Substantive Motions in Impeachment Cases
Substantive motions are also used in impeachment proceedings.
Justice V. Ramaswami Case (1991–92)
In 1991, MPs led by Madhu Dandavate moved a motion to impeach Supreme Court judge V. Ramaswami for misconduct.
An inquiry committee found him guilty. However, the motion failed in Parliament because it did not receive the required special majority.
Justice Soumitra Sen Case (2011)
In 2009, Rajya Sabha members moved a motion to impeach Soumitra Sen, a judge of the Calcutta High Court.
An inquiry committee found him guilty. The Rajya Sabha passed the motion with the required majority. However, before the Lok Sabha could act, Justice Sen resigned, and the impeachment process ended.
Why Is a Substantive Motion Important?
A substantive motion is a powerful parliamentary tool. It allows the House to:
- Take formal action against members
- Discuss serious allegations
- Remove officials in constitutional positions
- Express its clear decision through voting
It ensures that major issues are not discussed casually but are handled through a structured and formal process.
Now, with Nishikant Dubey giving notice against Rahul Gandhi, the next step depends on whether the Chair allows the motion to be moved and whether the House debates and votes on it.
In short, a substantive motion is Parliament’s official way of making serious decisions.
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