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Indefinite suspension of MP has very serious repercussions for rights of people: SC on Chadha's plea

Tue, 31 Oct 2023 10:35:26  S O Correspondent   PTI

NEW DELHI: Indefinite suspension of an MP could have very serious repercussions for people's right to be represented by a person of their choice, the Supreme Court said on Monday, and asked whether the Privileges Committee of Parliament could order AAP lawmaker Raghav Chadha's suspension from the Rajya Sabha for an unspecified duration.

The top court said the exclusion of a member of the opposition from the House just because of a perspective which may not be consistent with the viewpoint of the government is a serious issue.

A bench headed by Chief Justice DY Chandrachud said the only charge against Chadha was that he did not seek permission of some MPs before deciding to include them in a proposed select committee, and sought to know from Attorney General R Venkataramani if it could be considered an infraction warranting indefinite suspension.

Chadha is under suspension since August 11 after some MPs, a majority from the ruling BJP, accused him of adding their names to a motion without their consent.

The motion sought constitution of a select committee to examine the contentious Delhi Services Bill.

"Indefinite suspension of a member of Parliament has a very serious repercussion on the right of the people to be represented by a person of their choice. He (Chadha) is a member of the opposition. The exclusion of member from the opposition of the House is a very serious matter because he is representative of his constituency and of the viewpoint which may not be consistent with the viewpoint of the government. We must be very careful about not excluding those voices from the Parliament.

As a constitutional court, this is a serious cause of concern. Parliament must have voices from across the spectrum. The indefinite suspension is a cause of concern," the bench, also comprising Justices JB Pardiwala and Manoj Misra said, adding 75 days have since gone by and Chadha would be out even for the Winter session.

Chadha was suspended on the last day of the Monsoon session for "gross violation of rules, misconduct, defiant attitude and contemptuous conduct", pending a report by the Privileges Committee.