BJP suspends 'exposed' MPs

The Rajya Sabha today suspended Bharatiya Janata Party (BJP) MP Chhatrapal Singh Lodha on the recommendation of the ethics committee looking into the cash-for-question expose in which 11 MPs from different parties were shown accepting money for raising questions in Parliament.

Observing that the episode had impacted the image of Parliament and brought the august institution into disrepute, the committee recommended Lodha's suspension pending final presentation of its report.

In a related development, the BJP today recommended suspension of five party MPs from the Lok Sabha for their alleged involvement in the scam. It was decided at a meeting of senior BJP leaders, presided over by party chief LK Advani.

Apart from the six BJP members, five other "exposed" MPs include three from the BSP and one each from the Congress and the RJD.

While, "exposed" MPs may face the prospect of expulsion from Parliament, legal experts are divided on whether they could be criminally prosecuted in view of the constitutional immunity they enjoy.

With BJP, the worst-affected in the sting operation, and other political parties viewing the scandal seriously, the 11 MPs are likely to face a tough time and a waning political career.

A day after the scandal broke out, talk is gaining ground in political circles that the expulsion of those MPs was only a matter of time. Parliament sources ruled out executive action like filing of criminal case against the MPs till the parliamentary action initiated by the two Houses was complete.

Veterans recall the case of a similar misconduct by a member HG Mudgal in the Lok Sabha in 1951 when a House panel headed by TT Krishnamachari went into the member's dealings with Bombay Bullion Exchange and found him guilty.

It recommended his expulsion but Mudgal chose to resign. Late Prime Minister Jawaharlal Nehru, however, would not allow Mudgal this option and insisted that the House expel him, which it did, for his behaviour derogatory to the House.

The Supreme Court judgment in the JMM bribery case has changed the scene in respect of MPs accepting money for an act done or vote given in Parliament. Citing the immunity under Article 105(2) of the Constitution, the court had held that the MPs could not be prosecuted against for their voting against the no-confidence motion in the Lok Sabha even if they had taken money.

However, experts like KK Venugopal, PP Rao, RK Jain and KTS Tulsi are unanimous that the House itself has inherent powers to proceed against the errant MPs for breach of privilege and contempt and even award them imprisonment.

However, they differed on initiation of criminal proceedings against them under the Prevention of Corruption Act.