'Exclusion Of Oppn Member A Serious Matter': Supreme Court On Raghav Chadha's Suspension From RS

A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra, and others questioned whether the Privileges Committee could issue an order suspending an MP forever.

AAP leader Raghav Chadha moved Supreme Court challenging his indefinite suspension from Rajya Sabha

Source : PTI

The Supreme Court voiced worry on Monday about the indefinite suspension of a Member of Parliament, Raghav Chadha, and the impact on the right of the people to be represented, while also describing the removal of a member of the political opposition from the house as a "serious matter," news agency ANI reported. A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra, and others questioned whether the Privileges Committee could issue an order suspending an MP forever.

The bench remarked: "Such kind of indefinite suspension will have ramifications on the people whose constituency is going unrepresented? Where is the power of the privilege committee to indefinitely suspend the member?"

The bench expressed concern about the exclusion of a member of the political opposition from the House. 

"Member should have verified the consent of the other members to be part of select committee but is this a breach of privilege? Exclusion of members of the opposition from the House is a serious matter. He is representative of a voice that is different than the ruling party and this is an important concern for the constitutional court. Indefinite suspension is a cause of concern and 75 days have gone," SC stated. 

Senior counsel Rakesh Dwivedi, representing for Chadha, stated that the MP respects the Rajya Sabha and that he had already apologised and was now doing so again. The bench stated unequivocally that it will investigate the matter of indefinite suspension. 

"Please have the joint compilation sent to us by Thursday 5 at pm. We will hear on Friday then. We will also hear on the extent of interference and that this is not a final punishment but a pro tem one," it said.

The apex court heard the petition filed by the Aam Aadmi Party leader challenging his indefinite suspension from the Upper House of the Parliament. The Supreme Court bench headed by Chief Justice DY Chandrachud had on October 16, sought a response from the Rajya Sabha Secretariat on Chadha's plea.

The Supreme Court also sought assistance from  Attorney General R Venkataramani in adjudicating the issue. 

The bench took note of the submissions made by senior advocate Rakesh Dwivedi and lawyer Shadan Farasat, representing Chadha, stating that the suspension cannot be extended beyond the particular session during which the decision to suspend the member was made.

The apex court also noted the submissions made by Dwivedi that the case raised an “important national issue” and noted as many as seven issues for adjudication.

"Whether by an admixture of a resolution of the House and an order of the Chairperson under Rules 256 and 266, there is any jurisdiction to suspend a Member of Parliament pending an enquiry," read one of the issues.

"Whether such an order could be passed after the matter was referred to the Committee on Privileges based on the same grounds for examination, investigation and report," the bench had noted.

The bench also took note of another issue pertaining to Rule 256 and Rule 266 (discretionary powers of RS chairman) on whether these rules empower the Chairman of the Rajya Sabha to pass an order of suspension pending an inquiry.

During the special session of the Parliament in September, Chadha had moved a motion to refer the Delhi Services Bill to the select committee. It had been alleged that he named some of the MPs as members of the proposed committee without their consent. 

Taking note of the complaint, the chairman suspended Chadha, pending inquiry by the Committee of Privileges.

In his plea, Chadha had said that the power to suspend indefinitely is dangerously open to excesses and abuse.