Parliamentary Privileges as Fascade : Political Reforms and The Indian Supreme Court  

Oleh:

Dam, Shubhankar

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Singapore Journal of Legal Studies (Jul. 2007), page 162-183.
Topik: SUPREME COURTS; parliament priveleges; fascade; political reforms; supreme court

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: SS46 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Does the Indian Parliament have the power to expel its members under the “powers, privileges and immunities” guaranteed by the Constitution? The Indian Supreme Court was confronted with the question in Raja Ram Pal v. Hon ‘ble Speaker, Lok Sabha and Others. 111 members belonging to both Houses of Parliament were caught on camera accepting money from undercover journalists for raising questions in Parliament. A television channel telecast the episode and the “Cash - for - Query” scam quickly made headlines. In a swift response, unprecedented in recent political memory, both Houses of Parliament set up committees to investigate the matter. With no reason to disbelieve the video - footage of the TV channel, the committees recommended expulsion of the members. Both Houses of Parliament, acting on the recommendations, adopted motions expelling them. Thus aggrieved, the members approached the Supreme Court alleging, inter alia, a lack of jurisdiction to expel and violation of their fundamental rights. Tense moments ensued when the Speaker and Chairman of the two Houses respectively refused to be enjoined as respondents. In a much - publicized view, they asserted that the matter of privileges was the exclusive preserve of the Parliament : courts had no power of judicial review. And it therefore fell upon the Union of India to defend the collective decision of the Parliament.

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