SC uphold expulsion of MP's in cash-for-query scam Wednesday, January 10, 2007 02:59 [IST]
New Delhi:
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 Y K 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 MP's.
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