JOIN USAmarinder gets SC relief
A five-judge Constitution Bench headed by Chief Justice of India K G Balakrishnan said: “It is our considered view that the Punjab Vidhan Sabha exceeded its powers by expelling the appellant (Singh) on the ground of breach of privilege when there existed none. The allegedly improper exemption of land was an executive act attributable to the appellant and it did not distort, obstruct or threaten the integrity of legislative proceedings in any manner.”
The apex court ordered for the immediate restoration of Singh’s assembly seat which was terminated after the Punjab Assembly passed a resolution in this regard on September 10, 2008. The Bench said if the legislature was allowed to expel members for their executive actions, then with every change of government, political rivals would be expelled by the ruling party on flimsy grounds, frustrating parliamentary democracy. However, the Bench said the judgment would not be a hurdle to any criminal investigation pending against Singh, if at all he had committed any illegal activities.
DH News Service