Supreme Court Upholds MPs Disqualification

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New Delhi, Jan 10: Sealing the fate of 11 MPs expelled in the cash-for-query scam, the Supreme Court today held Parliament has the power to expel a sitting member for misconduct as also for acts which lower its dignity.

Delivering a majority judgement, the court, however, held that the final interpreter of the validity of the act of Parliament is the apex court and it has the power to judicially examine and resume the actions of Parliament.

A five-judge Constitution Bench comprising Chief Justice Y K Sabharwal and Justices K G Balakrishnan, C K Thakker, R V Raveendran and D K jain upheld the expulsion of the MPs by 4-1 with only Justice Raveendran delivering a dissenting judgement.

The apex court held that Article 105(3) of the constitution does not debar Parliament from taking punitive action against its sitting members which include power of expulsion.

Justice Raveendran, however, held that Parliament does not have the power to expel a sitting member as it is not specifically provided in any provision of the constitution.