India News | SC Lays Down Parameters over Punishment to Members by Legislature
Get latest articles and stories on India at LatestLY. The Supreme Court on Tuesday laid down guidelines for the consideration of courts when it comes to action taken by the legislature against its members.
New Delhi, Feb 25 (PTI) The Supreme Court on Tuesday laid down guidelines for the consideration of courts when it comes to action taken by the legislature against its members.
A bench of Justices Surya Kant and N Kotiswar Singh said the determination of what constituted a disproportionate measure was inherently complex and subjective and such an assessment required a nuanced scrutiny of the specific circumstances surrounding each case.
A one-size-fits-all definition, the bench said, was impractical while adjudicating proportionality and the courts must exercise their discretion in a prudent and judicious manner.
The top court, therefore, laid down the parameters in a case where it deprecated the conduct of RJD MLC Sunil Kumar Singh in Bihar legislative council (BLC) for sloganeering against Chief Minister Nitish Kumar but set aside his expulsion from the House while terming it as harsh and excessive.
The bench said the court while examining the disproportionate measure should consider the conduct of members in the house.
The parameters include degree of obstruction caused by the member in the proceedings of the house, and whether the behaviour of the member brought disrepute to the dignity of the entire house.
Other parameters outlined by the bench include the previous conduct of the erring member; the subsequent conduct of the erring member -- expressing remorse, cooperation with the institutional scrutiny mechanism -- and availability of lesser restrictive measures to discipline the delinquent member.
The bench said courts should also consider whether crude expressions uttered were deliberate and motivated or a mere outcome of language largely influenced by the local dialect and whether the measure adopted was suitable for furthering the desired purpose aside from balancing the interest of society, particularly the electorates, with those of the erring members.
"A scrutiny of the punishment given to the members by the House on the above mentioned framework will ensure that the legislative actions are justified, necessary, and balanced, protecting both the integrity of the legislative body and the rights of its members, as well as the larger societal objective," the bench said.
It was imperative, the court said, such legislative action remained mindful of the fundamental principle that the purpose of imposing punishment was not to serve as a tool for retribution but uphold and enforce discipline within the house.
"The primary objective should be to maintain decorum and foster an environment of constructive debate and deliberation. Any punitive measure must be proportionate and guided by considerations of fairness, reasonableness, and due process, ensuring that it does not unduly stifle democratic participation or undermine the representative nature of the institution," the court added.
On July 26, 2024, Singh was expelled from BLC for his unruly behaviour in the house.
Singh, considered close to RJD supremo Lalu Prasad and his family, was charged with sloganeering against CM Kumar on February 13, 2024, during a heated exchange in the house.
He was also charged for "insulting the chief minister by mimicking his body language" and questioning the competence of the members of the ethics committee after appearing before it.
(This is an unedited and auto-generated story from Syndicated News feed, LatestLY Staff may not have modified or edited the content body)