Allegations on Lok Sabha Speaker! What action can be taken against Mahua Moitra? Expert Comment

TMC MP Mahua Moitra has raised questions on the Lok Sabha speaker.

“In the last three days, Speaker Om Birla allowed only BJP ministers to speak on the mike and then adjourned Parliament. Also, not a single opposition member was allowed to speak. Democracy is under attack and Lok Sabha Speaker is leading from the front.” This is to say, Trinamool Congress MP Mahua Moitra Of. He has made serious allegations against Lok Sabha Speaker Om Birla by tweeting.

Mahua Moitra has accused the Speaker of the Lok Sabha that he does not allow the opposition members to speak in the House. Moitra, who has besieged the government and government agencies from time to time, has commented on the proceedings of the House this time. Regarding the tweet, he has even said this time that I am ready to go to jail for this tweet.

Objection is being raised on this tweet of Mahua Moitra. Now the question is, is it rational to make such remarks against the speaker? Can action be taken against him for such tweets? If possible, under which laws or provisions, what action can be taken against them?

Read Mahua Moitra’s tweet first:

Last 3 days saw speaker @ombirlakota allow ONLY BJP ministers to speak on mike & then adjourn parliament with not single opposition member being allowed to speak.
Democracy IS under attack. And the speaker leads from the front. And I am willing to go to jail for this tweet.

Mahua Moitra (@MahuaMoitra) March 15, 2023

Now let’s try to understand in some points.

1. According to the knowledge of the rules of Parliament, Speaker Suo Motto cannot refer the matter to the Committee of Privileges. If a member gives a notice of breach of privilege, it can be sent to the committee.
2. Experts say that such comments cannot be made about the Speaker in or outside the House. Speaker can take action when the notice comes. There is no right to send the speaker to jail, but the house has the right to take action if it wants.
3. On such a tweet of Moitra, a case of violation of two rules of the Lok Sabha can be made. Under Rule 349 and 352, the members have to follow the rules inside the House and while speaking in the House.
4. Experts say that if Mahua Moitra repeats these things inside the House, then action can be taken against her. However, the process will remain the same that a member of the house should first give notice to the speaker regarding his statement. After which the speaker can send it to the committee
5. If action is taken without sending it to the committee, it would mean that the right of the member to speak in his defense is being snatched away. That is, the TMC MP has the right to argue in his defense.
6. Even if the committee recommends action after listening to all the parties in its report, it will be necessary to bring a proposal for action. That is, it is necessary to take the sense of the House.
7. In this case, if voting is demanded, then voting will take place on the proposal and the results of voting will decide whether the action recommended in the report against that member will be taken or not.

Adhir Ranjan Chowdhary also raised objection

Congress leader in Lok Sabha Adhir Ranjan Chowdhury has written to Om Birla against the government-sponsored disruption in the House and urged him to ensure that opposition members get an opportunity to express their views in a fair manner. He has alleged that the mike on his desk has been switched off for the last three days. This confirms Rahul Gandhi’s statement that in India the mikes of opposition members are switched off. Amidst these objections and uproar, the second phase of the budget session is continuously getting affected.