UNIVERSITY OF PETROLEUM AND

ENERGY STUDIES

CONSTITUTION LAW ASSIGNMENT






Submitted to: Submitted by:
Dr. K Shyamla Saksham Pradyot
50011668
Roll no. 49
BBA-LLB
(3rd Semester)
ka[a kam a| vs 1he non8|e Speaker Lok Sabha
Wr|t et|t|on (c|v||) 1 of 2006
L1l1lCnL8
8a[a 8am al
8LSCnuLn1
1he Pon'8le Speaker Lok Sabha Crs
uA1L Cl !uuCMLn1 10/01/2007
8LnCP Chlef !usLlce of lndla ?k Sabharwal kC 8alakrlshnan uk
!aln
Iactua| 8ackgrounds
1he lnLerpreLaLlon of ArLlcle 103 of ConsLlLuLlon of lndla ls ln lssue ln
Lhese maLLers 1he quesLlon ls wheLher ln exerclse of Lhe powers
prlvlleges and lmmunlLles as conLalned ln ArLlcle 103 are Lhe Pouses
of arllamenL compeLenL Lo expel Lhelr respecLlve Members from
membershlp of Lhe Pouse lf such a power exlsLs ls lL sub[ecL Lo
[udlclal revlew and lf so Lhe scope of such [udlclal revlew 1he
unforLunaLe background ln whlch Lhe aforesald quesLlons have
arlsen ls Lhe allegaLlon LhaL Lhe Members of arllamenL (Ms)
lndulged ln uneLhlcal and corrupL pracLlces of Laklng moneLary
conslderaLlon ln relaLlon Lo Lhelr funcLlons as Ms
A prlvaLe channel had LelecasL a programme on 12Lh
uecember 2003 deplcLlng 10 Ms of Pouse of eople (Lok Sabha)
and one of Councll of SLaLes (8a[ya Sabha) accepLlng money dlrecLly
or Lhrough mlddleman as conslderaLlon for ralslng cerLaln quesLlons
ln Lhe Pouse or for oLherwlse espouslng cerLaln causes for Lhose
offerlng Lhe lucre 1hls led Lo exLenslve publlclLy ln medla 1he
resldlng Cfflcers of each Pouses of arllamenL lnsLlLuLed lnqulrles
Lhrough separaLe CommlLLees AnoLher prlvaLe channel LelecasL a
programme on 19Lh uecember 2003 alleglng lmproper conducL of
anoLher M of 8a[ya Sabha ln relaLlon Lo Lhe lmplemenLaLlon of
Member of arllamenL Local Area uevelopmenL Scheme (MLAu
Scheme for shorL) 1hls lncldenL was also referred Lo a CommlLLee
1he 8eporL of Lhe lnqulry concluded lnLer alla LhaL Lhe evldence
agalnsL Lhe 10 members of Lok Sabha was lncrlmlnaLe Lhe plea LhaL
Lhe vldeo fooLages were docLored/morphed/edlLed had no merlL
Lhere was no valld reason for Lhe CommlLLee Lo doubL Lhe
auLhenLlclLy of Lhe vldeo fooLage Lhe allegaLlons of accepLance of
money by Lhe sald 10 members had been esLabllshed whlch acLs of
accepLance of money had a dlrecL connecLlon wlLh Lhe work of
arllamenL and consLlLuLed such conducL on Lhelr parL as was
unbecomlng of Members of arllamenL and also uneLhlcal and calllng
for sLrlcL acLlon 1he ma[orlLy reporL also recorded Lhe vlew LhaL ln
case of mlsconducL or conLempL commlLLed by lLs members Lhe
Pouse can lmpose punlshmenL ln Lhe naLure of admonlLlon
reprlmand and wlLhdrawal from Lhe Pouse suspenslon from servlce
of Pouse lmprlsonmenL and expulslon from Lhe Pouse 1he ma[orlLy
8eporL recorded lLs deep dlsLress over accepLance of money by Ms
for ralslng quesLlons ln Lhe Pouse and found LhaL lL had eroded Lhe
credlblllLy of arllamenL as an lnsLlLuLlon and a plllar of democracy ln
Lhls counLry and recommended expulslon of Lhe 10 members from
Lhe membershlp of Lok Sabha flndlng LhaL Lhelr conLlnuance as
Members of Lhe Pouse would be unLenable Cne member however
recorded a noLe of dlssenL for Lhe reasons LhaL ln hls undersLandlng
of Lhe procedure as esLabllshed by law no member could be
expelled excepL for breach of prlvlleges of Lhe Pouse and LhaL Lhe
maLLer musL Lherefore be dealL wlLh accordlng Lo Lhe rules of Lhe
rlvlleges CommlLLee
Cn Lhe 8eporL of Lhe lnqulry CommlLLee belng lald on Lhe Lable of
Lhe Pouse a MoLlon was adopLed by Lok Sabha resolvlng Lo expel
Lhe 10 members from Lhe membershlp of Lok Sabha accepLlng Lhe
flndlng as conLalned ln Lhe 8eporL of Lhe CommlLLee LhaL Lhe conducL
of Lhe members was uneLhlcal and unbecomlng of Lhe Members of
arllamenL and Lhelr conLlnuance as Ms ls unLenable Cn Lhe same
day le 23rd uecember 2003 Lhe Lok Sabha SecreLarlaL lssued Lhe
lmpugned noLlflcaLlon noLlfylng Lhe expulslon of Lhose Ms wlLh
effecL from same daLe ln Lhe WrlL eLlLlons/1ransfer Cases Lhe
expelled Ms have challenged Lhe consLlLuLlonal valldlLy of Lhelr
respecLlve expulslons AlmosL a slmllar process was underLaken by
Lhe 8a[ya Sabha ln respecL of lLs Member 1he maLLer was referred Lo
Lhe LLhlcs CommlLLee of Lhe 8a[ya Sabha As per Lhe ma[orlLy 8eporL
Lhe CommlLLee found LhaL Lhe Member had accepLed money for
Labllng quesLlon ln 8a[ya Sabha and Lhe plea Laken by hlm ln defence
was unLenable ln Lhe llghL of evldence before lL Powever one
Member whlle agreelng wlLh oLher Members of Lhe CommlLLee as Lo
Lhe facLual flndlng expressed oplnlon LhaL ln vlew amongsL oLhers
of Lhe dlvergenL oplnlon regardlng Lhe law on Lhe sub[ecL ln
[udgmenLs of dlfferenL Plgh CourLs Lo whlch confuslon was added by
Lhe rules of procedure lnasmuch as 8ule 297(d) would noL provlde
for expulslon as one of Lhe punlshmenLs Lhere was a need for clarlLy
Lo rule ouL any margln of error and Lhus Lhere was a necesslLy Lo
seek oplnlon of Lhls CourL under ArLlcle 143(1) of Lhe ConsLlLuLlon
1he Lwo Members of 8a[ya Sabha have also challenged Lhe
consLlLuLlonal valldlLy of Lhelr expulslons ArLlcle 103 reads as under
103 owers prlvlleges eLc of Lhe Pouses of arllamenL and of
Lhemembers and commlLLees Lhereof
(1)Sub[ecL Lo Lhe provlslons of LhlsConsLlLuLlon and Lhe rules and
sLandlng orders regulaLlng Lhe procedure ofarllamenL Lhere
shall be freedom of speech ln arllamenL
(2)no member of arllamenL shall bellable Lo any proceedlngs ln
any courL ln respecL of anyLhlng sald or any voLe glven by hlm ln
arllamenL or any commlLLee Lhereof and no person shall be so
llable ln respecL of Lhe publlcaLlon by or under Lhe auLhorlLy of
elLher Pouse ofarllamenL of any reporL paper voles or
proceedlngs
(3)ln oLher respecLs Lhe powersprlvlleges and lmmunlLles of each
Pouse of arllamenL and of Lhe members and Lhe commlLLees
of each Pouse shall be such as may from Llme Lo Llme be
deflned by arllamenL by law and unLll sodeflned shall be
Lhose of LhaL Pouse and of lLs members and
commlLLeeslmmedlaLely before Lhe comlng lnLo force of
secLlon 13 of Lhe ConsLlLuLlon (lorLy fourLh AmendmenL) AcL
1978
(4)1he provlslons of clauses (1) (2) and (3) shall apply ln relaLlon
Lo persons who by vlrLue of Lhls ConsLlLuLlon have Lhe rlghL Lo
speak ln and oLherwlse Lo Lake parL ln Lhe proceedlngs of a
Pouse of arllamenL or any commlLLee Lhereof as Lhey apply ln
relaLlon Lo members ofarllamenL
1here ls ldenLlcal provlslon as conLalned ln ArLlcle 194 relaLlng Lo
powers prlvlleges and lmmunlLles of SLaLe leglslaLure ArLlcle 194
reads as under
194 owers prlvlleges eLc of Lhe Pouse of LeglslaLures and of
Lhemembers and commlLLees Lhereof
udgement
Cn perusal of Lhe lnqulry reporLs we flnd LhaL Lhere ls no vlolaLlon of
any of Lhe fundamenLal rlghLs ln general and ArLlcles 14 20 or 21 ln
parLlcular roper opporLunlLy Lo explaln and defend havlng been
glven Lo each of Lhe peLlLloners Lhe procedure adopLed by Lhe Lwo
Pouses of arllamenL cannoL be held Lo be sufferlng from any
lllegallLy lrraLlonallLy unconsLlLuLlonallLy vlolaLlon of rules of
naLural [usLlce or perverslLy lL cannoL be held LhaL Lhe peLlLloners
were noL glven a falr deal
8efore concludlng we place on record our appreclaLlon for able
asslsLance rendered by learned counsel for Lhe parLles ln Lhe maLLer
ln vlew of above we flnd no subsLance ln Lhe pleas of Lhe
peLlLloners 8esulLanLly all Lhe eLlLlons and 1ransferred Cases
quesLlonlng Lhe valldlLy of Lhe declslons of expulslon of Lhe
peLlLloners from Lhe respecLlve Pouses of arllamenL belng devold
of merlLs are dlsmlssed