The Supreme Court is set to examine a petition submitted by Aam Aadmi Party (AAP) leader Raghav Chadha, contesting his indefinite suspension from the Rajya Sabha, on Monday.
A bench of Chief Justice of India DY Chandrachud, alongside Justices J B Pardiwala and Manoj Misra, is scheduled to hear Chadha’s plea. He faced suspension on August 11, the final day of the Monsoon Session of Parliament, on grounds of “gross violation of rules, misconduct, defiant attitude, and contemptuous conduct.”
In his appeal, presented by advocate Shadan Farasat, the AAP leader highlighted that the authority to suspend indefinitely is open to potential misuse.
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“The power to suspend is meant only to be used as a shield and not as a sword, that is, it cannot be penal,” the plea has said, adding that “the suspension is in clear breach of Rule 256 of the Rules of Procedure and Conduct of Business in the Council of States, which incorporates a categorical prohibition against the suspension of any member for a period exceeding the remainder of the session,” Raghav Chadha said.
Extending the suspension beyond the ongoing session would not only be irrational but also run counter to fundamental democratic principles by leaving the member and their constituency unrepresented.
The plea states that suspension should not equate to dismissal. In accordance with Article 101(4) of the Constitution, an indefinite suspension effectively creates a vacancy after 60 days, especially when it extends beyond the session period.
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On August 11, a motion was passed in the Rajya Sabha via voice vote, initiated by Leader of the House Piyush Goyal.
The motion called for action against Raghav Chadha for including the names of certain Upper House members in a proposed select committee for the Government of the National Capital Territory of Delhi (Amendment) Bill, 2023, without their consent.
(With inputs from PTI)