What’s in the news?

• The Supreme Court has revoked the one-year suspension of 12 Maharashtra legislators, calling it an “irrational” act that would impact the democratic set-up, leave constituencies unrepresented and help “thin majority” governments manipulate numbers.

Background

• Twelve legislators were suspended for one year by the Maharashtra Assembly last July for alleged disorderly conduct. 
• The unusually long period of suspension has been questioned by the Supreme Court.

Judgment

• The apex court said it was illegal to suspend a sitting legislator beyond the ongoing session. The suspension happened during the monsoon session in 2021.
• The court held that a suspension beyond the remainder period of the ongoing session would not only be grossly irrational measure, but also violative of the basic democratic values owing to unessential deprivation of the member concerned, and more importantly, the constituency would remain unrepresented in the Assembly. 
• It would also impact the democratic set-up as a whole by permitting the thin majority government [coalition government] of the day to manipulate the numbers of the Opposition party in the House in an undemocratic manner.

‘A disciplinary measure’

• The court held that the such suspensions would cripple the Opposition’s ability to effectively participate in the discussion/debate in the House owing to the constant fear of its members being suspended for a longer period. 
• Suspension of members or their withdrawal was meant to protect the House from disturbances or obstruction. The power of suspension was different from the privilege to inflict punishment on a member, the court held.
• The law required the Speaker to adopt a “graded approach”, based on objective and rational standards to ensure that the House functioned smoothly.
• The court had agreed during the hearing that prolonged suspension was worse than disqualification from the House.
• Again, the court said, there was a gross violation of the principles of natural justice by not allowing the suspended MLAs an opportunity to be heard. It declared that the 12 legislators were entitled to all the benefits of members of the Assembly.

Reference:

1. https://www.thehindu.com/news/national/other-states/resolution-suspending-12-mlas-beyond-period-of-remainder-of-session-unconstitutional-sc/article38338046.ece