The Hindu : National : "Right to represent people not absolute"

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Thursday, Jan 11, 2007
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"Right to represent people not absolute"

Legal Correspondent

New Delhi: The Supreme Court held on Wednesday that representing the people of a particular constituency was not an absolute right, and there could be certain limitations.

The majority judgment by Chief Justice Y.K. Sabharwal said: "Expulsion is related to the conduct of the member that lowers the dignity of the House, which may not have been necessarily known at the time of election. It is not a capricious exercise of the House, but an action to protect its dignity before the people of the country. This is also an integral aspect of our democratic set-up. In our view, the power of expulsion is not contrary to a democratic process. It is rather part of the guarantee of a democratic process."

The Bench said: "Expulsion is not a decision by a single person. It is a decision taken by the representatives of the rest of the country. The power of expulsion does not bar a member from standing for a re-election or the constituency from electing that member once again. We hold that the power of expulsion does not violate the right of the constituency or any other democratic principles."

It rejected the argument of denial of justice simply because the inquiry was completed quickly. "It has become almost fashionable to raise the banner of `justice delayed is justice denied' in case of protracted proceedings, and to argue `justice hurried is justice buried' if the results are quick."

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