The Hindu : National : Parliament has no power of expulsion: dissenting judge

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Thursday, Jan 11, 2007
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National

Parliament has no power of expulsion: dissenting judge

Legal Correspondent

New Delhi: Parliament has no power of cessation of membership by way of expulsion, Justice R.V. Raveendran said in his dissenting judgment in the Supreme Court in the cash-for-query scam case.

"The Constitution makers have made detailed and specific provisions regarding the manner in which a person becomes a member of Parliament (elected/nominated), the duration for which he continues as a member and the manner in which he ceases to be a member and his seat becomes vacant. Therefore, neither the question of election or nomination nor tenure, nor cessation/termination of membership covered by the express provisions in the Constitution can fall under `other powers, privileges and immunities' of the House mentioned in Article 105 (3)."

By no stretch of imagination could the expulsion power be considered an `incidental' matter, said Mr. Justice Raveendran.

Had such a power been given, it would have been specifically mentioned. "There is no power of expulsion in Parliament either inherent in or traceable to Article 105 (3). Expulsion will be possible only if Article 102 or 101 is suitably amended or if a law is made under Article 102 (1) (e) enabling the House to expel a member found unworthy of continuing as a member."

Justice Raveendran said the appropriate course in case of allegation of corruption against a member was to prosecute him in accordance with the law. Pending such criminal proceedings, the member could be suspended. If he was convicted, he would become disqualified and if acquitted, he would be entitled to continue as member.

Separate verdict

In a separate judgment, Justice C.K. Thakker concurred with the majority view and said: "If there is gross abuse of power by Parliament/State Legislature, this court will not hesitate in discharging its duty by quashing the order or setting aside unreasonable action."

Effective discharge

of duties

He said: "By and large, constitutional functionaries in this country have admirably performed their functions, exercised their powers and discharged their duties effectively, efficiently and sincerely and there is no reason to doubt that in coming years also, they would continue to act in a responsible manner expected of them."

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