RAJA RAM PAL versus THE HONBLE SPEAKER, LOK SABHA & ORS.

Citation: [2007] 1 S.C.R. 317 · Decided: 10-01-2007 · Supreme Court of India · Bench: Y.K. SABHARWAL · Disposal: Dismissed

Cited by 12 judgment(s) · cites 8 · see the full citation network in Lexace

Judgment (excerpt)

RAJA RAM PAL 
v. 
THE HON'BLE SPEAKER, LOK SABHA & ORS. 
JANUARY 10, 2007 
[Y.K. SABHARWAL, CJI, K.G. BALAKRlSHNAN, C.K. THAKKER, 
R.V. RAVEENDRAN AND D.K. JAIN, JJ.] 
Constitution of India, 1950: 
A 
B 
Articles JOI, 102, 105 and 122/Representation of the People Act, 
C 
1951-Sections 7 and JOA: 
Cash for query-Monetary consideration for raising questions in 
Parliament-MP Local Area Development Scheme-Improper conduct in 
relation to implementation thereof-Espoused by T V. channels-Inquiry 
by Committee of MPs-Report tabled in House and the MPs concerned 
expelled from the House-Constitutional validity of-Powers, privileges 
and immunities-Competence of the Houses of Parliament to expel the 
Members from the membership of the House-Whether such power subject 
to judicial review-Held: The Houses of Parliament are competent to expel 
the Members-Such power subject to judicial review-Scope thereof-
Explained. 
Procedure adopted by the two Houses of Parliament-Does not suffer 
from any illegality, irrationality, unconstitutionality, violation of principles 
D 
E 
of natural justice or perversity-Hence not violative of Articles 14, 20 or 
F 
21. 
Lok Sabha Speaker's announcement that the guilty will not be 
spared-Whether mala fide and motivated-Held, no, since the Speaker 
was only giving vent to his feeling on the subject-The fact that the 
Speaker had thereafter constituted an Inquiry Committee with Members 
G 
also from the opposition would go to show that the resolve at that stage 
was to find the truth. 
Articles 19(J)(g) and 21-Vis-a-vis-Article 105(3)-Discussed 
H 
317 
318 
SUPREME COURT REPORTS 
[20011 1 s.c;.R. 
A 
Powers, privileges and immunities of Members of Parliament-Position 
B 
in countries like USA, UK., Canada, Australia-Discussed. 
Words & Phrases: 
'Vacw1cy', 'disqualification', 'expulsion', 'power', 'privilege', 
'immunity'-Meaning of 
The interpretation of Article 105 of Constitution of India is in issue 
.,. 
in these matters. The question is whether in exercise of the powers, 
privileges and immunities as contained in Article 105, are the Houses of 
C 
Parliament competent to expel their respective Members from membership 
D 
E 
of the House. If such a power exists, is it subject to judicial review and if 
so, the sco'pe of such judicial review. 
The aforesaid questions have arisen in the background of the allegation 
that the Members of Parliament (MPs) indulged in unethical and corrupt 
practices of taking monetary consideration in relation to their functions as 
MPs. 
The Presiding officers of each House of Parliament instituted inquiries 
through separate Committees. 
On the Report of.the Inquiry Committee being laid on the table of the 
House, a Motion was adopted by Lok Sabha resolving to expel the 10 
members from the membership of Lok Sabha, accepting the finding as 
contained in the Report of the Committ~e that the conduct of the members 
F 
was unethical and unbecoming of the Members of Parliament and their 
continuance as MPs is untenable. On the same day i.e. 23rd December, 
2005, the Lok Sabha Secretariat issued the impugned notification notifying 
the expulsion of those MPs with effect from same date. 
G 
Similarly the Report of the Ethics Committee was adopted by Rajya 
Sabha concurring with the recommendation of expulsion and on the same 
date i.e. 23rd December, 2005, a notification notifying expulsion of the 
Member from membership of Rajya Sabha with immediate effect was 
issued. 
H 
In the Writ Petitionsffransfer Cases, the expelled MPs have challenged 
-., 
.. 
RAJA RAM PAL v. THE HON'BLE SPEAKER, LOK SABHA 
319 
the constitutional validity of their respective expulsions. 
On behalf of the petitioners, it was inter alia contended that the power 
of judicial review is an incident of and flows from the concept that the 
fundamental and higher laws are the touchstone of the limits of the powers 
of the various organs of State which derive power and authority under the 
Constitution of which the judicial wing is the interpreter; unlike in 
England where Parliament is sovereign, in a federal State with a written 
Constitution like India is, the supremacy of the Constitution is fundamental 
A 
B 
to its existence, which supremacy is protected by the authority of the 
independent judicial body that acts as the interpreter thereof through the 
power of judicial review to which even the Legislature is amenable and 
C 
cannot claim immunity wherefrom; the legislative supremacy being

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