Editorial of the Day: Expulsion of MP from Lok Sabha

This editorial discusses about Trinamool Congress MP Mahua Moitra was expelled from Lok Sabha for unethical conduct, following the Ethics Committee's recommendation.

Context: Trinamool Congress MP Mahua Moitra was expelled from Lok Sabha for unethical conduct, following the Ethics Committee’s recommendation.

Can MP Mahua Moitra go to Supreme Court?

Article 122: The validity of any proceedings in Parliament shall not be called (into) question on the grounds of any alleged irregularity of procedure.
- It also specifies that “no officer or Member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers”.
However, the Supreme Court said in the 2007 Raja Ram Pal case that “those restrictions are only for procedural irregularities. There may be other cases where judicial review may be necessary.”

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Raja Ram Pal Case

In 2005, BSP leader Raja Ram Pal was expelled from Parliament for involvement in the cash-for-query scam.
The Supreme Court upheld this in 2007, asserting Parliament’s self-protection right, while also acknowledging judicial review in cases of fundamental rights infringement and unconstitutional proceedings.

Article 105 Of The Indian Constitution

Article 105 of the Constitution of India deals with the powers, privileges, and immunities of Parliament, its members, and its committees.
Under Article 105(3), these powers and privileges are defined by Parliament by law. Until they are so defined, they remain as they were prior to the enactment of Section 15 of the Constitution (Forty-fourth Amendment) Act, 1978.
The Supreme Court clarified that Article 105(3) does not provide absolute immunity for parliamentary proceedings.
The enforcement of privilege by the legislature is subject to judicial review, but this is limited by other constitutional provisions such as Article 122 or 212.
However, the Supreme Court also stated that it would not question the truth or correctness of the material relied upon by the Legislature for taking action, nor would it assess the adequacy of this material or replace the Legislature’s opinion
Grounds for Challenge: The court can intervene in cases where:
- There is no basis for claiming absolute immunity under Article 105(3).
- The Privileges Committee or Ethics Committee did not follow proper procedures.
- The accused MP was denied natural justice, such as the right to be heard and cross-examine witnesses.
- The act for which the member is being punished is not defined as an offence by any existing law or rule.