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SC: Amar, Jaya can’t be expelled from Parliament
Legal Correspondent

New Delhi, November 15
The Supreme Court today virtually restrained the presiding officers of the Lok Sabha and the Rajya Sabha from expelling sacked SP members Amar Singh and Jaya Pradha from Parliament. A Bench comprising Justices Altamas Kabir and Cyriac Joseph provided the interim protection to Amar Singh (RS) and Jaya Pradha (LS).

Amar and Jaya had expressed the apprehension that the SP would get them expelled as MPs citing the Supreme Court verdict, which clarified that members expelled by the parties were covered under the Anti-Defection Act. Referring the matter to the Chief Justice of India, the Bench framed seven issues for the larger Bench. These include:

n What is the status in either House of Parliament or the state legislatures of a member who is expelled from the party which set him/her up as a candidate for election?

n Will the provisions of the Tenth Schedule (Anti-Defection Act) to the Constitution apply to such member?

n What is the status of an “unattached” member in either House of Parliament or in the state legislature?