The Indian Parliament is currently witnessing one of its most severe procedural confrontations in recent history. On Friday, February 13, 2026, the ruling BJP pivoted from a standard “Breach of Privilege” notice to a far more lethal instrument: the Substantive Motion.
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Moved by MP Nishikant Dubey, this motion doesn’t just ask for an apology—it seeks the permanent removal of the Leader of the Opposition (LoP) from the House.
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What is a Substantive Motion? The “Nuclear Option”
In parliamentary terms, a Substantive Motion is a self-contained, independent proposal submitted for the House’s approval
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Self-Contained: It does not depend on any other motion or bill. It is used for the most serious matters, such as the impeachment of a President or the removal of a Speaker.
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The Process: If Speaker Om Birla admits the motion, it leads to a formal debate followed by a mandatory vote. Given the NDA’s clear majority, the admission of such a motion is a direct threat to Gandhi’s seat.
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Scope: It allows the House to discuss the “conduct of persons in high authority,” which in this case, the BJP argues, includes the LoP’s “anti-India” statements.
The Gen Naravane Book Row: Why It’s a Security Flashpoint
The primary evidence cited in the motion involves the unpublished memoir of former Army Chief Gen MM Naravane, titled Four Stars of Destiny.
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The Claim: Rahul Gandhi brandished a copy in the House, claiming it exposes the PM’s “shirking of responsibility” during the 2020 China border tensions.
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The Violation: The Ministry of Defence (MoD) has not yet cleared the book for publication. The BJP alleges Gandhi accessed an illegal PDF or “pre-print” copy, violating the Official Secrets Act and undermining the dignity of the Armed Forces.
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The Counter: Gandhi asserts the book is already available abroad and that the government is simply “scared of the truth.”
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Can an MP Really Be Banned for Life?
The motion specifically demands that Rahul Gandhi be “debarred from contesting elections for life.”
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Expulsion vs. Disqualification: While the House has the inherent power to expel a member (as seen with Mahua Moitra in 2023), a lifetime ban on contesting elections usually requires a criminal conviction under the Representation of the People Act (1951).
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The Strategic Shift: By moving a substantive motion rather than a privilege motion, the BJP is attempting to create a “conduct-based” expulsion that relies on a House vote rather than a lengthy judicial process.
[HISTORICAL PRECEDENTS FOR EXPULSION BY MOTION]
| Year | Member | Reason for Expulsion | Result |
| 2023 | Mahua Moitra | Cash-for-Query Scandal | Expelled via House Vote |
| 2005 | 10 LS Members | Cash-for-Query (Operation Duryodhana) | All 10 Expelled |
| 1978 | Indira Gandhi | Breach of Privilege & Contempt | Expelled (Later rescinded) |
| 2026 | Rahul Gandhi | Alleged Collusion/Misleading the House | Motion Pending |
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The Investigative Angle: Is This a Legal or Political Move?
From an investigative standpoint, the timing of this motion is critical. It follows Gandhi’s fierce critique of the India-US trade deal, where he accused the government of “selling out” farmers.
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The “Soros” Allegation: In his notice, Nishikant Dubey explicitly linked Gandhi to international organizations like the Soros Foundation and USAID, alleging a pattern of “destabilizing India from within.”
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The Speaker’s Role: All eyes are now on Om Birla. If the Speaker refers the matter to the Ethics Committee, it may take months. However, if he brings it directly to the House floor for a vote, the expulsion could happen within days.
Next Steps
If you are following the constitutional proceedings, you should read the full text of Article 105, which outlines the powers and privileges of MPs. Furthermore, if you are interested in the legal battle ahead, you should watch for the Congress party’s official response in the Supreme Court, as they are likely to challenge any expulsion order—similar to their successful challenge in the 2023 “Modi Surname” defamation case.
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