The Supreme Court set aside the expulsion of RJD
MLC Sunil Kumar Singh from the Bihar Legislative Council for making derogatory
remarks against Chief Minister Nitish Kumar. The Court underscored that any
punishment imposed on a legislator for breach of privilege must be
proportionate to the misconduct.
"A disproportionate punishment not only
undermines democratic values by depriving a member of participation in House
proceedings but also disenfranchises constituents who remain
unrepresented," observed the bench comprising Justices Surya Kant and N.K.
Singh.
The Court noted that even brief absences hinder a
legislator’s ability to contribute to critical discussions and decisions. “The
removal of a member from the House is a significant issue for both the member
and their constituency,” it stated. If a punishment appears unduly harsh or
disproportionate, Constitutional Courts have a duty to intervene and review
such actions.
Guiding Principles for Assessing
Proportionality
The judgment outlined key parameters for courts to
consider when scrutinizing legislative punishments. While not exhaustive, these
include:
1. Degree of
obstruction caused by the member in House proceedings.
2. Impact on
the dignity of the House, assessing whether the behaviour brought
disrepute.
3. Past
conduct of the erring member.
4. Subsequent
behaviour, including remorse or cooperation with scrutiny
mechanisms.
5. Availability
of lesser restrictive measures to maintain discipline.
6. Nature of
remarks, distinguishing between deliberate intent and
influence of local dialect.
7. Suitability
of the measure to achieve its intended purpose.
8. Balancing
public interest with the rights of the erring member.
The Court emphasized that legislative punishments
should not serve as retributive measures but must uphold discipline within the
House while fostering constructive debate. Any punitive action must be
proportionate, ensuring fairness, reasonableness, and due process without
stifling democratic participation.
Case Details
- Appearance:
Senior Advocates Dr. A.M. Singhvi and Gopal Sankaranarayanan (for
petitioner); Senior Advocate Ranjit Kumar (for Bihar Legislative Council).
- Case: Sunil
Kumar Singh v. Bihar Legislative Council & Ors., W.P.(C) No.
530/2024
- Citation:
2025 LiveLaw (SC) 244
