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Legislature-judiciary confrontation imminent
Tribune News Service

New Delhi, January 17
A confrontation between the legislature and judiciary appears imminent on the expulsion of members from Parliament, with Lok Sabha Speaker Somnath Chatterjee firm on his stand that courts have no jurisdiction on the issue, a day after the Supreme Court issued notices to both the houses and referred the matter to a Constitution bench.

Although there were differences amongst the political parties on the issue, Parliament would take a stand on the issue in the all-party meet called by the Speaker on January 20.

“Our stand remains the same and the all party meeting convened by the Speaker on the issue scheduled next week stands,” said a statement issued by the Speaker’s office today.

Mr Chatterjee in an interview earlier this month had stated that the Lok Sabha would not respond to any judicial notice in the matter.

“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 on this issue at all,” he had said.

The Lok Sabha Speaker had held consultations with legal experts before taking this hard stand on the issue.

The BJP had opposed the expulsion of members on the ground that the matter should have been referred to the Privileges Committee, which has a set guideline before taking any step and provides ample opportunity for the accused party to represent. The party has given the indication that it would differ with the views of the Speaker on the issue.

However, Left parties, have rallied in support of the Speaker stating that the expulsion could not be challenged in the courts. Parliament was for making laws and the judiciary to interpret the laws and the Constitution, they said.

CPI parliamentary group leader in the Lok Sabha Gurudas Dasgupta, quoting an instance, said the expulsion of the MP was not a new thing. ‘’One member was expelled from the House even during the time of the first Prime Minister Jawaharlal Nehru, who had moved the resolution on the matter.’’

He argued that Parliament was fully empowered with rights to take action on the conduct of MPs. ‘’If an MP abuses his position in the discharge of his duties, he is liable to be punished, including being expelled from the House,’’ he said.

The apex court yesterday, holding that important questions relating to Article 105 of the Constitution (powers and privileges of MPs) has been raised before it has issued notices to the Speaker, Centre and Election Commission of India to assist the court in adjudicating the matter.

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