New Delhi: Observing that the legislature does not have a “unobstructed power” to suspend its members for an unlimited period, the Supreme Court on Tuesday questioned the Maharashtra assembly’s decision to suspend the 12 BJP legislators for one year, observing that “against democracy” And can be misused by powerful parties who have a thin majority, report Amit Anand Choudhary.
Judge Am Khanwilkar, Dinesh Maheshwari and CT Ravikumar expressed disapproval of members’ suspension for more than six months and observed that anything outside it would be “irrational and not Constitutional ” In cases where the government has a very lean tin and if some members are suspended for a long time, what will be a fall …
the Assembly cannot provide additional places for disqualification for members who are not provided in law, “bench said.
Bench If a member of the assembly is suspended, it is done for the purpose of bringing home business smoothly for sessions and suspension periods must be for sessions.
“There should be several purposes of suspension and its purpose relating to the session.
It should not travel beyond one session.
And anything other than this will be irrational.
The real problem is about the rationality of decisions.
One year decision seems irrational.
If the suspension is done beyond the session, it must also be checked from the point of view of rationality, “said Bench bench.
The court declared concern that if the Maharashtra assembly decision was enforced, a similar situation might appear in other countries and it would have” wider branching for ” Members but that does not mean that you can suspend it for an unlimited period.
The suspension is carried out to allow homes to complete the business in one session and suspension must be considered in that context, “Bench said.
The previous court said that the 12 BJP MLA suspension in Maharashtra was worse than expulsion.
It was called article 190 (4) the constitution said that if for a period of 60 days, a member of the house, without its permission, no of all meetings, the house can declare its empty location.
On December 14, SC has been searching for responses from the Maharashtra Assembly and the State Government on the request submitted by 12 BJP MLA which challenges the resolution that is passed by the house to suspend them for one year.
12 Members suspended are Sanjay Kute, Ashish Shelar, Abhimanyu Pawar, Girish Mahajan, Atul Bhatkhalkar, Parag Alavani, Harish Pimpale, Yogesh Sagar, Jay Kumar Rawat, Narayan Kuche , Satty Ram and Bunty Bhangdia.
Cannot suspend MLA for more than 6 months: SC
