The Supreme Court is slated to consider a plea on Monday lodged by Aam Aadmi Party (AAP) leader Raghav Chadha, challenging his indefinite suspension from the Rajya Sabha. Chadha’s suspension occurred on the final day of the Monsoon Session of Parliament on August 11, and it was attributed to “gross violation of rules, misconduct, defiant attitude, and contemptuous conduct,” pending a report by the privileges committee. The plea, submitted by the AAP leader through advocate Shadan Farasat, argues that the power to suspend indefinitely is susceptible to potential misuse and abuse. It emphasizes that suspension should function as a shield, not a weapon, and should adhere to Rule 256 of the Rules of Procedure and Conduct of Business in the Council of States, which explicitly prohibits suspending a member for a duration exceeding the remainder of the session. Going beyond the current session would not only be an irrational measure but also a violation of democratic values, leading to an unwarranted deprivation of representation in the House.
Additionally, the plea underscores that suspension should not be tantamount to dismissal. In accordance with Article 101(4) of the Constitution, indefinite suspension, especially beyond the session period, effectively creates a vacancy after 60 days. The suspension was triggered on August 11 when a motion, moved by Leader of the House Piyush Goyal in the Rajya Sabha, was passed by a voice vote. This motion sought action against Chadha for including the names of certain Upper House members in a proposed select committee for the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, without their consent.
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