01-25-2006, 02:54 AM
In the Buta Singh judgement, there are hints about how SC is going to handle the expulsion of MPs issue. SC said that Governor has immunity in his actions, i.e. he can't be sent to jail, but SC can still rule on validity of his actions.
The same argument can be applied to Speakers' role and expulsion of MPs. SC has taken up that issue to determine whether Lok-Sabha has any rights to summarily expel MPs or not. This is a serious issue as it goes to the heart of the representative democracy. Should people have right to kick out the MPs in elections or a brute majority in parliament in concert with a pliant speaker can willy nilly expel opposition MPs at its whim. The rights of the Lok-Sabha and the Speaker can't be absolute here. They also have to be constitutionaly valid. And that judgement can ONLY be made by the judiciary.
so, however Comrade Somnath frets, Judiciary has a say in the expulsion issue. Only it can decide whether expulsion was constitutional or not.
My gut feeling is that Somnath is up for an earful from the judiciary.
The same argument can be applied to Speakers' role and expulsion of MPs. SC has taken up that issue to determine whether Lok-Sabha has any rights to summarily expel MPs or not. This is a serious issue as it goes to the heart of the representative democracy. Should people have right to kick out the MPs in elections or a brute majority in parliament in concert with a pliant speaker can willy nilly expel opposition MPs at its whim. The rights of the Lok-Sabha and the Speaker can't be absolute here. They also have to be constitutionaly valid. And that judgement can ONLY be made by the judiciary.
so, however Comrade Somnath frets, Judiciary has a say in the expulsion issue. Only it can decide whether expulsion was constitutional or not.
My gut feeling is that Somnath is up for an earful from the judiciary.