AMARINDER SINGH versus SPECIAL COMMITIEE, PUNJAB VIDHAN ,SABHA & OTHERS

AMARINDER SINGH versus SPECIAL COMMITIEE, PUNJAB VIDHAN ,SABHA & OTHERS

The Punjab Vidhan Sabha exceeded its powers by expelling the appellant for an executive act that did not obstruct legislative functions, where no breach of privilege existed. The inquiry into acts occurring in a previous term, without pending business from that term, was improper. Exercising legislative privilege under Article 194(3) was not warranted on these facts.

Parties
Appellant: Amarinder Singh; Respondents: Special Committee, Punjab Vidhan Sabha & Others
Jurisdiction
India
Judgment Date
26 April 2010
Procedural Posture
Civil Appeal / Constitution Bench Decision
Outcome
Appeal allowed; resolution of expulsion declared unconstitutional
Legal Topics
Powers and Privileges of Legislature, Expulsion of Legislative Members, Judicial Review of Legislative Action, Doctrine of Lapse, Separation of Powers, Sub Judice Principle
Constitutional Law Legislative Privileges Powers and Privileges of Legislature Expulsion of Legislative Members Judicial Review of Legislative Action Doctrine of Lapse Separation of Powers Sub Judice Principle

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Parties

Amarinder Singh

Appellant

Special Committee, Punjab Vidhan Sabha & Others

Respondents

Procedural Posture

Civil Appeal / Constitution Bench Decision

Legal Issues

  1. 1 Whether the alleged misconduct by the appellant warranted the exercise of legislative privileges under Article 194(3) of the Constitution
  2. 2 Whether it was proper for the Punjab Vidhan Sabha to take up, as a matter of breach of privilege, an incident that occurred during its previous term
  3. 3 Whether the acts of the Punjab Vidhan Sabha violated the norms relating to sub judice matters

Ratio Decidendi

The Punjab Vidhan Sabha exceeded its powers by expelling the appellant for an executive act that did not obstruct legislative functions, where no breach of privilege existed. The inquiry into acts occurring in a previous term, without pending business from that term, was improper. Exercising legislative privilege under Article 194(3) was not warranted on these facts.

Court Disposition

Appeal allowed; resolution of expulsion declared unconstitutional

Orders

  • Resolution of Punjab Vidhan Sabha dated 10-9-2008 expelling appellant is declared invalid
  • Restoration of appellant's membership in the Punjab Vidhan Sabha is directed