SC to hear Raghav Chadha’s plea challenging suspension from Rajya Sabha
The Supreme Court will on Monday hear a petition filed by Aam Aadmi Party (AAP) leader Raghav Chadha challenging his indefinite suspension from the Rajya Sabha.
A bench headed by Chief Justice DY Chandrachud had on October 16 sought a response from the Rajya Sabha Secretariat on Chadha’s plea.
The apex court had also sought the assistance of Attorney General R. Venkataramani in settling the issue.
The court had taken note of the submissions of senior advocate Rakesh Dwivedi and advocate Shadan Farasat, representing Chadha, that the suspension cannot go beyond the specific hearing in which the decision to suspend the member was taken.
The top court had also taken note of Dwivedi’s claims that the case raised an “important national issue” and listed as many as seven issues for trial.
“Whether by a combination of a resolution of the House of Representatives and an order of the Speaker under Articles 256 and 266, there is any jurisdiction to suspend a Member of Parliament pending an investigation,” one of the issues.
“Whether such an order could be passed after the matter was referred to the Committee on Privileges on the same grounds for inquiry, inquiry and report,” the court had observed.
Another issue noted by the bench was whether Article 256 and Article 266 (discretionary powers of the RS Chairman) give the Chairman of the Rajya Sabha the power to issue a suspension order pending an inquiry.
It was alleged that the Rajya Sabha MP from Punjab had moved a motion to refer the Delhi Services Bill to the select committee.
He reportedly named some lawmakers as members of the proposed committee and it was alleged that some MPs had not given their consent.
The Chairman took note of the complaint and suspended Chadha, pending investigation by the Committee on Privileges.
In his plea, the AAP leader has said that the power to suspend power indefinitely is dangerously open to excesses and abuse.
“The power to suspend is only intended to be used as a shield and not as a sword, i.e., it cannot be punishable,” the plea said, adding “the suspension is in clear violation of Rule 256 of the Rules . and Conduct before the Council of States, which includes a categorical prohibition on the suspension of any member for a period exceeding the remainder of the session.”
The Rajya Sabha had on August 11 passed a motion moved by House of Representatives leader Piyush Goyal seeking action against the AAP leader for mentioning the names of some members of the Upper House without their consent had included in a proposed select committee for the National Affairs Government to consider. Delhi Capital Territory Bill, 2023.
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 from the Privileges Committee.
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