Case Note & Summary
The case involved the expulsion of ten members of Lok Sabha and one member of Rajya Sabha following allegations of accepting bribes for raising questions in Parliament, as revealed by a sting operation aired by a news channel. The Speaker of Lok Sabha initiated an inquiry, leading to the formation of an Enquiry Committee that found the members' conduct unethical and unbecoming. The Lok Sabha subsequently adopted a motion for their expulsion, which was executed on December 23, 2005. The petitioners challenged the expulsion, arguing that the Constitution only allows cessation of membership through specific provisions in Articles 101 and 102, and that expulsion is not a recognized method. The Union of India contended that Parliament possesses the power to expel members as part of its privileges under Article 105(3). The Supreme Court analyzed the constitutional framework, emphasizing that the Indian Parliament operates under the Constitution's limitations, unlike the British Parliament. The Court concluded that while the expulsion was a serious matter, it must be scrutinized for constitutional validity. Ultimately, the Court held that the power of expulsion is not explicitly provided for in the Constitution, thus questioning the legality of the action taken against the members.
Headnote
A) Constitutional Law - Parliamentary Privilege - Power of Expulsion - Constitution of India, 1950, Articles 101, 102, 105 - The court examined whether the power to expel members is part of parliamentary privilege or if it is limited to the grounds specified in Articles 101 and 102. It held that expulsion is not explicitly provided as a mode of cessation of membership, thus raising constitutional questions regarding the limits of parliamentary power (Paras 8-10).
Issue of Consideration
Whether Parliament has the power to expel its members resulting in permanent cessation of membership.
Final Decision
The Supreme Court held that the power of expulsion is not explicitly provided for in the Constitution, thus questioning the legality of the action taken against the members.
Law Points
- Parliamentary Privilege
- Expulsion of Members
- Constitutional Interpretation
- Representation of People Act
- 1951
- Articles 101
- 102
- 105
- 103
