Substantive Motion

Substantive Motion

  • Context:

  • Member of Parliament Nishikant Dubey recently gave notice to move a "substantive motion" against the Leader of the Opposition (LoP) Rahul Gandhi for "misleading the House" and committing "serious misdemeanours."

  • Motions:

  • A motion is any formal proposal made for the purpose of eliciting a decision of the House.

  • In order to ascertain the will of the House in regard to a matter before it, every question to be decided by the House must be proposed by a member in the form of a motion.

  • Motions may conveniently be classified as substantive, Substitute or subsidiary.

  • Substantive Motion:

  • A substantive motion is a self-contained, independent proposal submitted for the approval of the House and drafted in such a way as to be capable of expressing a decision of the House.

  • All resolutions are substantive motions

  • Examples for Substantive Motion:

  • Motions for the election of the Deputy Chairman

  • Motion of Thanks on the President’s Address

  • Motion to declare the seat of a member vacant where leave of absence has not been granted.

  • Motions of Confidence or No-Confidence in the Council of Ministers

  • Resolutions for the removal of the Speaker, Deputy Speaker, or high constitutional authorities (the Chief Election Commissioner or Judges).

  • The conduct of persons in high authority can only be discussed on a substantive motion drawn in proper terms.

  • It is submitted for the House's approval and is put to a vote to formally express the House's decision.

  • It is the only procedural mechanism allowed for discussing the conduct of persons in high authority.

  • Except for the motion for election of the Deputy Chairman and the Motion of Thanks on the President’s Address, no substantive motion requires to be seconded.

  • The Process:

  • A substantive motion requires prior notice.

  • It can only be moved by the member who provided the notice.

  • Historical Precedents:

  • Justice V. Ramaswami:

  • In the 10th Lok Sabha (1993), a motion for his removal was debated after an inquiry committee found him guilty of misconduct.

  • However, the motion was defeated as it failed to secure the required special majority (two-thirds of members present and voting).

  • Justice Soumitra Sen:

  • In 2011, the Rajya Sabha adopted a motion for his removal for misappropriation of funds.

  • However, he resigned before the Lok Sabha could take up the matter, leading the Lower House to drop the motion.