The Supreme Court on Tuesday established guidelines for courts to consider when evaluating legislative actions against their members.

A bench comprising Justices Surya Kant and N Kotiswar Singh emphasized that determining what constitutes a disproportionate measure is inherently complex and subjective. Such assessments require a nuanced examination of the specific circumstances in each case.

The bench highlighted that a uniform definition of proportionality is impractical. Courts, therefore, must exercise their discretion prudently and judiciously when adjudicating such matters.

These parameters were outlined in a case concerning RJD MLC Sunil Kumar Singh, who was reprimanded for his conduct in the Bihar Legislative Council (BLC) after engaging in sloganeering against Chief Minister Nitish Kumar. While the Supreme Court condemned his behavior, it ruled that his expulsion from the House was excessive and harsh.

The court laid down key factors that should guide judicial scrutiny when assessing the proportionality of disciplinary measures against legislators. These include:

• The extent to which the member’s conduct disrupted house proceedings.

• Whether the behavior of the member tarnished the dignity of the legislature.

• The prior conduct of the member in question.

• The subsequent actions of the member, such as expressing remorse or cooperating with institutional review mechanisms.

• The availability of lesser punitive measures to address the misconduct.

• Whether the use of crude expressions was deliberate or merely influenced by local dialect.

• The appropriateness of the punishment in achieving legislative discipline while balancing the interests of society and the electorate.

The bench underscored that reviewing legislative punishments based on this framework would ensure that such actions are justified, necessary, and balanced. This approach seeks to protect both the integrity of the legislative body and the rights of its members while upholding democratic principles.

The court stressed that legislative discipline should not serve as a means of retribution but should maintain decorum and encourage constructive debate. Any punitive measure must be proportionate, fair, and reasonable, ensuring that it does not unduly suppress democratic participation or undermine the representative nature of the institution.

Singh was expelled from the BLC on July 26, 2024, for unruly behavior during a heated exchange on February 13, 2024. He was accused of sloganeering against the Chief Minister, mimicking his gestures, and questioning the competence of the ethics committee members after appearing before it. However, the Supreme Court deemed his expulsion an excessive response, emphasizing the need for measured disciplinary action within legislative bodies.