The Supreme Court regarded the exclusion of a member of the political opposition from the Rajya Sabha as a “serious matter” on Monday and expressed disapproval of MP Raghav Chadha’s ongoing suspension from the body. The Court also questioned the legitimacy of the Privileges Committee’s decision to suspend a member of parliament indefinitely.
What effects would an indefinite suspension of this kind have on the people whose constituency is not represented? Where is the privilege committee’s authority to suspend a member indefinitely? The court made remarks verbally. The Aam Aadmi Party (AAP) leader was contesting his indefinite suspension from the Rajya Sabha in a plea handled by a bench consisting of Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra.
The case will be heard by the court again on Friday. It requested the submission of the respective notes on the matter from Chadha’s attorney and the Attorney General (AG) for India, N. Venkataramani. The right of the people to have a representative of their choosing is severely jeopardised by the indefinite suspension of a member of Parliament. Chadha belongs to the opposition party. Because the member is a representative of his constituency and has a viewpoint that may differ from the governments, it is quite significant that he be excluded from the House opposition. We have to use extreme caution to ensure that those voices are heard in Parliament. This raises grave concerns for us as a constitutional court. A diverse range of voices must be represented in Parliament. The bench, which also included Justices JB Pardiwala and Manoj Misra, expressed worry about the indefinite suspension and added 75 days.
Chadha’s remarks to the media, according to the AG, that his suggestion to include MPs’ names on a proposed select committee was akin to a “birthday invitation card” also diminished the dignity of the House. The fact that we no longer have a sense of humour is a very different story. Does this actually lessen the House’s dignity, Mr. AG?
“A member who ought to have asked permission before adding people to his committee doesn’t. He responds, “This is like a birthday invitation card,” to a question from the media. He was clearly saying, “I have asked the members to join the committee; please come if you would like to.” The bench said, “The question is, does this result in a breach of privilege?
CJI Chandrachud added that the Rajya Sabha chairman would be asked if she would accept an apology from Chadha for his acts and if Chadha was prepared to make such an admission. “If not, we will set the law straight, and we will set the law straight, Attorney,” the Chief Justice said.
Representing Chadha, Senior Advocate Rakesh Dwivedi stated that the MP respected the Rajya Sabha, that he had already apologised, and that he was now doing so once more. Meanwhile, the Court questioned whether the action against Chadha was proportionate. “Anyone who disturbs the House will be removed from the session, and they will also be suspended for failing to obtain permission before adding members’ names to the Select Committee.” Some proportionality is required.”
Chadha contends that both Articles 14 and 21 of the Constitution and the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha) were flagrantly violated by his suspension.
He said that it is expressly forbidden to suspend any member for a duration longer than the duration of a session. Since the very last minute of this year’s Monsoon Session of Parliament, he has been suspended. Chadha has stated that his suspension prevents him from attending the sessions of the Committee on Subordinate Legislation and the Standing Committee on Finance, which convene to discuss matters even when Parliament is not in session.
Chadha claimed that a “vocal member” of the opposition was singled out for special attention and that attempts were being made “illegal and arbitrary” to take him out of his official Pandara Road residence. Chadha’s petition further stated that it “leaves no manner of doubt” that every effort is being made to quiet him, which is fundamental to a democracy’s ability to function effectively.
