Source: The Sangai Express / PTI
New Delhi, January 01:
Allaying apprehensions of any clash with Legislature, the Supreme Court today upheld Parliament's right to expel members for misconduct in the context of the cash-for-query scam of 2005.A five-judge Constitution Bench, by a majority of four to one, held that Parliament has power to expel erring MPs and upheld the expulsion of ten Lok Sabha members and two Rajya Sabha members.
The action against them came following a sting operation by a television channel which caught them on camera receiving money for raising questions in December 2005.The bench headed by Chief Justice YK Sabharwal said the procedure adopted by both the Houses of Parliament in expelling the members cannot be said to be illegal.
The judgement sets to rest apprehensions that the apex court could play a pro-active role after it entertained the petitions by the MPs challenging the punishment for them.
Lok Sabha Speaker Somnath Chatterjee had refused to accept a notice from the court on the petitions and it was the the government which had appeared in the matter.
The court said there was no violation of fundamental rights of expelled MPs in general as proper opportunities were given to them before the inquiry committee constituted by the Lok Sabha Speaker.
Besides CJI, Justices K G Balakrishnan, C K Thakker and D K Jain were part of the majority verdict.
The lone dissenting judgement was given by Justice R V Raveendran who said Parliament has no power to expel the erring members since the Constitution did not have any provision for expulsion of MPs.
Those expelled in the wake of the scam caught on camera accepting money for asking questions in the House were Lok Sabha members Y G Mahajan, Anna Patil, Suresh Chandel, Pradeep Gandhi and Chandra Pratap Singh (all BJP), Narendra Kumar Kushwaha, Raja Ram Pal and Lal Chandra Kol (all BSP), Manoj Kumar (RJD) and Ramsewak Singh (Congress).
The Rajya Sabha members who were expelled were Chatra Pal Singh Lodha (BJP) and Sakshi Maharaj (SP).