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Raja Ram Pal vs The Hon'ble Speaker, Lok Sabha

Summary Of The Facts:
A sting operation against Lok Sabha (House of People) 10 MPs and one Rajya Sabha (Council of State) MP who accepted money directly or through a broker in exchange for raising a point in Parliament was broadcast on a private channel.

After this attracted a lot of media attention, the speakers of each parliament began investigating the members involved. A motion for expulsion from both Houses of Parliament was approved based on the inquiry committee's report.

Legal Issue:

  • The petitioner claimed that due to the fact the Indian Parliament lacks the capacity to self-compose, it does now no longer inherit the proper to expel.
  • Whether the Parliament has the proper to eject below Article 105
  • Whether a courtroom docket may also look at the expulsion.

Argument By The Petitioner:
The petitioner argued that the Indian Parliament lacks the authority to expel participants as it does now no longer have the identical popularity because the House of Commons, which has the authority to penalise for the fact that it is the High Court of Congress, for contempt.

The proper of expulsion granted to the Parliament with the aid of using Article 105(3) isn't recognised.

Since the Supreme Court is the ultimate judge in all constitutional matters, no state agency can be relied upon to determine whether its actions are lawful. The Court of Justice is not exempt from reviewing the legality of judicial proceedings before Congress.

According to Articles 83, 84, 101, 103, 105, 190 and 193 of the Constitution, deportation is illegal, arbitrary and unconstitutional.

The right to expulsion violates the democratic principle that the right to vote is a fundamental right.

Expulsion violates Article 19(1)(g), which guarantees freedom of employment.

Argument By The Respondent:
Because of the questionable member's behavior, the Indian Parliament deemed him or her unfit to serve in Parliament. Congress has the exclusive power to expel members after conducting thorough investigations and acting independently within the walls of Congress. Moreover, Congress acts as the final arbitrator in certain cases. Representation is not an absolute right, and dismissal does not affect re-election. Congress has the sole power to punish violations of the goals of defense and protection.

Summary Of Judgement:
Supreme Court bench composed of Sabharwal, Y.K. (CJI), Balakrishnan, K.G. (J), Tucker, C.K. (J), R.V. Raveendran (J) and Jain, D.K. (J) reached the following conclusions:
Needless to say, the Supreme Court has the power to consider issues affecting the specific powers and privileges asserted by the legislature.

The Lord points out that while Rules 101 and 102 discuss the requirements and eligibility to remain in Congress, they cannot be read in conjunction with Rule 105. (3). As they are not comprehensive, Sections 101 and 102 apply.

Strictly speaking, sections 83(2) and 106 were not violated by expulsion because they do not confer fundamental rights and do not meet the criteria for fundamental rights. The right to vote is not fundamentally or constitutionally protected. Rather, they are legal rights. Expulsion powers do not violate democratic principles.

CJI Y.K. said, "After reviewing the investigative report, we found that there was no violation of fundamental rights in general, and in particular Articles 14, 20, or 21." Sabharwal, K.G. Balakrishnan and D.K. Jain ruled. The procedures used by he two Houses of Parliament cannot be considered illegal, unreasonable, unconstitutional, contrary to the principles of natural law. The allegation that the complainant was not treated fairly is untenable.

But Justice R.V. Raveendran dissented, arguing that neither section 105 nor its inherent banishment clause gave Congress such power (3). Only if rules 102 or 101 are duly amended, or if a law is passed under rule 102(1)(e), will the House of Commons become unfit to continue as a Member of Parliament, or has the power to expel any Member of the Board who he or she deems ineligible. He argued that the powers of expulsion used by Congress were illegal because they violated Articles 101 to 103 of the Constitution.

Critique Of Judgement:
But Justice R.V. Raveendran opposed this, arguing that neither Article 105 nor its inherent banishment clause gave Congress such power (3). Only if rules 102 or 101 are duly amended, or if a law is passed under rule 102(1)(e), the House of Representatives may no longer remain a Member of Parliament, or may become a Member of Parliament. has the power to banish A board of directors that he or she deems ineligible for election. He argued that the exclusive powers used by Congress were illegal because they violated Articles 101 to 103 of the Constitution.

There are no new categories of termination due to expulsion that may be established using the subsidiary powers, privileges or immunities set forth in Section 105. Determine if vacancies are the result of member resignations and consequent vacancies. In view of the above, I believe that the dismissal of petitioners by both houses of the Senate is illegal and violates Articles 101-103 of the Constitution. As a result, the petitioner will continue to run for the House of Representatives (subject to a disqualification trial). Forwarded cases and petitions were handled correctly.

Award Winning Article Is Written By: Ms.Arpita Sahu
Awarded certificate of Excellence
Authentication No: MY350625276106-20-0523

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