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SC verdict on Amarinder’s House expulsion tomorrow New Delhi, April 24 Amarinder was expelled from the 13th state Assembly on September 10, 2008, for “breach of privilege” after a resolution was passed on the basis of the report of a special committee appointed by the Punjab Assembly on the alleged irregularities. The verdict will be pronounced by a five-member Constitution Bench, headed by Chief Justice KG Balakrishnan. The other four members of the Bench are: Justices RV Raveendran, P Sathasivam, JM Panchal and RM Lodha. Several aspects of national importance are involved in the case as the apex court would clarify whether any Assembly or Parliament has the power to expel sitting members from the House for alleged breach of privilege or corruption committed during their previous tenures. The Constitution Bench would also spell out whether any alleged criminal action outside the House as part of some executive function would amount to breach of privilege. The third point that would become clear on Monday is the scope of the House to take action in a criminal matter that seems to fall in the judiciary’s domain. Thus, the Bench is expected to draw the “Lakshman Rekha,” delineating the powers of the legislature and the judiciary in such matters by interpreting Constitutional provisions. The Assembly had expelled Amarinder by adopting a resolution moved at the instance of the Shiromani Akali Dal (Badal)-BJP government led by Parkash Singh Badal for causing a loss to the state exchequer by granting exemption for 32.1 acres of land of a private builder from the purview of the Amritsar Improvement Trust (AIT) scheme. Amarinder had won the Patiala seat in the February 13, 2007 Assembly election.The SC had transferred to itself the expulsion case pending before the Punjab and Haryana High Court on Amarinder’s plea. Initially, the case was heard by a two-member Bench --- and later by three judges --- before being entrusted with the Constitution Bench because of the Constitutional aspects involved in it. Amarinder’s counsel had argued that their client had granted exemption in his executive capacity as the CM when the 12th House was in place. So, there was no question of any breach of privilege of the present House or even as a member of the previous House. Further, the alleged violation was a criminal matter that should be decided by the judiciary, not by the Assembly.Counsel for the Assembly had countered these contentions stating that the present House was competent to expel its members for breach of privilege committed during their previous terms as the institution had a permanent character.Then Additional Solicitor General Gopal Subramanium, who assisted the Bench on behalf of the then Attorney General Milon Banerjee, had treaded somewhat a middle path by stating that the Assembly must justify its action. The SC had refused to stay the expulsion, but restrained the Election Commission from holding a bypoll to the Patiala seat. The tenure of the present Assembly would last till Febuary 2012. Case Files
Ex-CM expelled from Punjab Assembly on September 10, 2008, for alleged involvement in land scam Resolution moved at the instance of the SAD-BJP government Amarinder challenged the expulsion saying that the Assembly had no power under the Constitution to expel him
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