The Hindu : National : Cash for query: verdict today in expulsions case

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Wednesday, Jan 10, 2007
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Cash for query: verdict today in expulsions case

Legal Correspondent

NEW DELHI: A five-judge Constitution Bench of the Supreme Court will on Wednesday pronounce its judgment on the petitions questioning the termination of membership of 11 MPs for their involvement in the "cash for query scam."

The petitioners argued that in the name of expulsion Parliament had no power and jurisdiction to terminate the membership of an elected member. Disqualification must be created by law and not by a resolution of the House. Further, unlike certain restrictions under Article 19 (freedom of speech and expression) of the Constitution, the rights of a member under Article 105 could not be subjected to any restriction.

On behalf of the Centre, it was asserted that Parliament had the power to expel a member for conduct which might offend the House or for behaviour which interfered with the discharge of its proceedings. Parliament had powers necessary for the due and orderly exercise of its functions.

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