The Supreme Court on Monday will hear a petition filed by Aam Aadmi Party (AAP) leader Raghav Chadha challenging his indefinite suspension from the Rajya Sabha. Chief Justice D Y Chandrachud’s bench had sought a response from the Rajya Sabha Secretariat on Chadha’s plea on October 16.
The apex court had also sought the assistance of Attorney General R Venkataramani in addressing the issue. The bench had considered the arguments of senior advocate Rakesh Dwivedi and lawyer Shadan Farasat, who were representing Chadha, asserting that the suspension should not extend beyond the specific session during which the member’s suspension decision was made.
The top court had also taken into account Dwivedi’s points that the case raised a “significant national issue” and identified as many as seven issues for consideration.
“One of the issues was whether there is any jurisdiction to suspend a Member of Parliament pending an inquiry by combining a House resolution and an order of the Chairperson under Rules 256 and 266,” it read.
The bench had noted another issue as to whether such an order could be issued after the matter was referred to the Committee on Privileges based on the same grounds for examination, investigation, and reporting. The bench also considered whether Rule 256 and Rule 266 (the discretionary powers of the RS chairman) empower the Chairman of the Rajya Sabha to issue a suspension order pending an inquiry.
The case revolves around allegations that the Rajya Sabha MP from Punjab moved a motion to refer the Delhi Services Bill to the select committee. He allegedly named certain lawmakers as members of the proposed committee, some of whom had not given their consent for it. In response to this complaint, the chairman suspended Chadha till pending an inquiry by the Privilege Committee.
In his plea, the AAP leader has argued that the power to suspend indefinitely is susceptible to misuse and abuse. The plea states, “The power to suspend is meant to be used as a shield and not as a weapon, meaning it cannot be punitive.” It also adds, “The suspension clearly violates Rule 256 of the Rules of Procedure and Conduct of Business in the Council of States, which explicitly prohibits the suspension of any member for a period exceeding the remainder of the session.”
The Rajya Sabha had passed a motion on August 11, moved by the Leader of the House, Piyush Goyal, seeking action against the AAP leader for including the names of some members of the Upper House in a proposed select committee for considering the Government of the National Capital Territory of Delhi (Amendment) Bill, 2023, without their consent. Chadha was suspended on the last day of the Monsoon session due to «gross violation of rules, misconduct, defiant attitude, and contemptuous conduct,» pending a report by the Privileges Committee.