The Hindu : National : House has no jurisdiction to disqualify Subba: Somnath

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Wednesday, Mar 21, 2007
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National

National

House has no jurisdiction to disqualify Subba: Somnath

Special Correspondent

Says ultimate decision on disqualification rests with President

Somnath Chatterjee

NEW DELHI : Lok Sabha Speaker Somnath Chatterjee said on Tuesday that neither he nor the House was competent to disqualify Congress member from Tezpur M. K. Subba whose attendance of the proceedings was questioned by the Bharatiya Janata Party (BJP) over the issue of his nationality.

Giving his ruling nearly a fortnight after the issue was first raised by the BJP, the Speaker said the question of Mr. Subba's disqualification would arise only after the matter of his citizenship was decided by the Court. The matter is presently in the Supreme Court.

While citing the Constitution to show that the ultimate decision on the disqualification of a member on grounds of citizenship rested with the President, the Speaker dwelt at length on the parallel that was drawn between Mr. Subba's case and the 10 members expelled in the cash-for-query case. While raising the issue of Mr. Subba's nationality, the BJP had demanded that he be asked to stay away from the proceedings, as was the case with the 10 MPs, pending a decision.

Mr. Chatterjee was of the view that it would not be appropriate to draw a parallel between the two cases. He said the cash-for-query case pertained to parliamentary conduct and the allegation against Mr. Subba had ``no nexus with his parliamentary duties.'' Such being the case, he ruled that the House had no jurisdiction to examine this matter.

The Speaker arrived at this ruling after a discussion with leaders of all parties on Wednesday last. He also met Mr. Subba separately and asked him to furnish documentary evidence. The issue had disrupted proceedings twice in the Lok Sabha and once in the Rajya Sabha.

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