M A I N   N E W S

Speaker rules out court jurisdiction
Expulsion of MPs

New Delhi, January 8
Lok Sabha Speaker Somnath Chatterjee is clear that the courts have no jurisdiction on expulsion of MPs from Parliament and will not respond to any judicial notices in the matter. Talking tough that he would not allow any quarter to corruption, he is keen that the government come forward with a legislation to set up a high-level commission to determine the salaries and allowances of the MPs.

The 76-year-old eminent lawyer rejects all criticism that the punishment of expulsion given to MPs in the “cash for query” scam was hasty and that the issue should have been referred to the Privileges Committee or the Ethics Committee. “I cannot stop anyone from going to court. But according to me, the courts have no jurisdiction at all in the matter.”

“Any order is not binding. I am not surrendering or submitting to the jurisdiction of the courts at this issue at all,” he said during an interview with PTI.

Mr Chatterjee has held consultations with eminent lawyers, who are fully backed his stance, that Parliament is fully competent to take action against its members and that court has no jurisdiction over it.

Maintaining that he had the highest respect for the judiciary, he said it was a question of discipline and Parliament had the authority under the Constitution to decide how to discipline its errant MPs.

“In this matter, under the Constitution, Parliament is the supreme authority.” Citing the recent remarks of the Chief Justice of India that question of judges misconduct should be tackled within, the Speaker said: “In a sense, it amounts to saying it will be decided by their peers. Likewise, we (Parliament) should be allowed this right. There should be no question.”

Acknowledging that notices have been received from lawyers representing the expelled MPs, Mr Chatterjee said he would not send Lok Sabha officials to courts if they chose to send similar notices.

Mr Chatterjee said he felt sad that such extreme action had to be taken which was not a pleasure for him or for Parliament, but there has been an overwhelming support from people across the country and Indians abroad. He has been getting hundreds of letters and e-mails hailing the action taken by Parliament against its own members in the wake of the scam.

“I am very, very clear. There can be no quarter for corruption and action will follow, howsoever, high one may be,” he said.

Rejecting criticism against the quick disposal of the case by the inquiry committee headed by Mr Pawan Kumar Bansal, the Speaker said it was constituted after consultations with leaders of all political parties and at that time nobody had raised any objection.

The committee decided its own procedures and the accused MPs had also not sought the services of lawyers nor did they even want to see the video tapes of the sting operation in which they were caught taking money.

The main question, he said, was whether due principles of natural justice were observed to allow the MPs to controvert evidence against them and it was followed. Even in the case of a Privilege Committee hearing, there was no guarantee that lawyers will be allowed because it would be for the committee to finalise its procedures. — PTI