Today, the Supreme Court issues notice to the Rajya Sabha Secretariat on a plea by Raghav Chadha challenging his suspension from the Rajya Sabha.
Further, a bench of Chief Justice of India DY Chandrachud with Justices JB Pardiwala and Manoj Misra directed Attorney General (AG) for India N Venkataramani to assist the Court.
The Court posted the matter to October 30.
During the Monsoon Session, Chadha introduced a motion to forward the Delhi Services Bill to a select committee and identified specific MPs as prospective members of that committee. Acting upon a complaint that Chadha's actions contravened Rule 72 of the Rajya Sabha rules, the Rajya Sabha Chairman suspended him, pending an inquiry by the Committee of Privileges.
In today's hearing, Senior Advocate Rakesh Dwivedi, appearing for Chadha, raised a critical question concerning the authority to suspend a Member of Parliament (MP) while an inquiry is conducted, particularly through a house resolution and an order from the Chairman.
Further, Dwivedi also questioned whether such an order could be passed after the matter had been referred to a Privileges Committee.
During the hearing today, Chadha argued that his suspension was in clear violation of the Rules of Procedure and Articles 14 and 21 of the Indian Constitution.
He argued that there is an explicit prohibition against suspending a member for a duration exceeding the remainder of the ongoing session. In this case, Chadha has remained suspended since the final hour of the Monsoon Session of Parliament this year.
As a result of his suspension, Chadha claims that he is unable to participate in the meetings of both the Standing Committee on Finance and the Committee on Subordinate Legislation. These committees continue their work even when Parliament is not in session, according to his plea.
Case Title: Raghav Chadha v. Rajya Sabha Secretariat And Ors.
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