Explained: Why Maharashtra BJP MLAs’ one-year suspension was ‘illegal and irrational’

What is the News?

The Supreme Court has set aside the one-year suspension of 12 BJP MLAs from the Maharashtra Legislative Assembly.

What is the case about?

The 12 BJP MLAs from the Maharashtra Legislative Assembly were suspended for misbehaviour in the Assembly. The MLAs challenged the suspension mainly on grounds of denial of the principles of natural justice and of violation of laid-down procedure.

They have also said that the suspension was against Maharashtra Legislative Assembly Rules 53.

What were the arguments given by the Maharashtra Assembly?

Firstly, the house had acted within its legislative competence under Article 212 and courts do not have jurisdiction to inquire into the proceedings of the legislature.

Secondly, the state had also said that a seat does not automatically become vacant if the member does not attend the House for 60 days, but it becomes vacant only if declared so by the House.

Thirdly, the state has also referred to Article 194 on the powers and privileges of the House and argued that any member who transgresses these privileges can be suspended through the inherent powers of the House. It has denied that the power to suspend a member can be exercised only through Rule 53 of the Assembly.

What were the arguments given by the Supreme Court while delivering the judgment?

Against Rule 53: The court said that the suspension has to follow the procedure laid down in Rule 53 It said that the suspension of a member must be preferred as a short term or a temporary, disciplinary measure for restoring order in the Assembly. Anything in excess of that would be irrational suspension.

Violates Basic Democratic Values: The suspension beyond the ongoing session is violative of basic democratic values, as it would mean the constituency the member represents in the House would remain unrepresented.

A suspension could be used to manipulate opposition: A thin majority coalition government could use such suspensions to manipulate the number of Opposition party members and that Opposition will not be able to effectively participate in discussions/debates in the House fearing suspension of its members for a longer period.

No Complete Immunity from Judicial Review: The court considered whether the legislature had complete immunity from judicial review in matters of irregularity of procedure. It ruled that procedures are open to judicial review on the touchstone of being unconstitutional, grossly illegal, irrational or arbitrary.

Source: This post is based on the article “Explained: Why Maharashtra BJP MLAs’ one-year suspension was ‘illegal and irrational’” published in The Indian Express on 31st Jan 2022.