Holding

A suspension of a member beyond the remainder of the ongoing session exceeds the legislature’s inherent power and therefore the resolution imposing a one‑year suspension is unconstitutional and void.

Summary

The petitioners, twelve BJP MLAs, were suspended for one year by a resolution of the Maharashtra Legislative Assembly after a heated monsoon session. They challenged the resolution under Articles 14, 21 and 190(4) of the Constitution, arguing that the suspension exceeded the period allowed by Rule 53 of the Assembly Rules and violated their fundamental rights. The Court examined whether the Assembly had jurisdiction to impose a suspension beyond the remainder of the ongoing session and whether the procedure complied with the rules and principles of natural justice under Article 212(1). Relying on the Constitution, the Representation of the People Act, and precedents such as Raja Ram Pal and Alagaapuram, the Court held that the power to suspend is limited to the remainder of the session and that a one‑year suspension is unconstitutional, grossly illegal and irrational. Consequently, the resolution was declared a nullity and the petitioners were restored to their full rights as members.

Issues considered

Whether the Maharashtra Legislative Assembly had the authority to suspend its members for a period exceeding the remainder of the ongoing session under Rule 53 and the Constitution.
Whether the resolution was passed in violation of the procedural requirements and principles of natural justice under the Assembly Rules and Article 212(1).
Whether the one‑year suspension infringed the petitioners’ fundamental rights under Articles 14, 19 and 21 of the Constitution.
Whether the resolution is void as unconstitutional, grossly illegal and irrational.

Legislation cited

Constitution of Indias. Art.105(3), s. Art.14, s. Art.19, s. Art.190(4), s. Art.194(3), s. Art.208, s. Art.21, s. Art.212(1)
Representation of the People Act, 1951s. Sec.151A

Subjects

legislative suspensionparliamentary privilegeRule 53Maharashtra Legislative Assemblyfundamental rightsArticle 14Article 21judicial reviewconstitutional lawRepresentation of the People Actprocedural fairness

Judgment

762 [2022]REPORTS
SUPREME COURT 18 S.C.R. 762 [2022] 18 S.C.R.

A ASHISH SHELAR & ORS.
v.
THE MAHARASHTRA LEGISLATIVE ASSEMBLY & ANR.
(Writ Petition (Civil) No.797 of 2021)
B JANAUARY 28, 2022
[A. M. KHANWILKAR, DINESH MAHESHWARI AND
C.T. RAVIKUMAR, JJ.]
Constitution of India : Art. 190(4), 208 - Maharashtra
Legislative Assembly Rules, 2015 – rr.8, 53, 106 - Suspension of
C
Member of Legislative Assembly – Petitioners, members of
Maharashtra Legislative Assembly (2019-2024), belongs to Bhartiya
Janata Party, the principal opposition party – During the
proceedings of the Monsoon Session of the Maharashtra Legislative
Assembly heated exchanges between the members of the ruling party
D and the opposition party as general feeling developed amongst the
opposition that the business of the House was being conducted in
unilateral manner – Thereafter, resolution moved by the Minister
for Parliamentary Affairs for initiating action against the petitioners-
12 MLAs of the BJP by way of suspension for one year for having
committed contempt of the House, and was later passed by majority
E
votes – Writ petition by the petitioners seeking quashing and setting
aside of the said resolution passed by the Maharashtra Legislative
Assembly being unconstitutional and grossly illegal – Held:
Resolution suffers from the vice of being unconstitutional, grossly
illegal and irrational to the extent of period of suspension beyond
F the remainder of the concerned(ongoing) Session – It is not a case
of mere procedural irregularity committed by the Legislature within
the meaning of Art. 212(1) – Said resolution is non est in the eyes of
law, nullity, unconstitutional, substantively illegal and irrational –
Under r. 53 Speaker is expected to exercise this power only in case
of conduct of the member being “grossly disorderly” and provides
G
for a graded (rational and objective standard) approach to be
adopted by the Speaker for ensuring orderly conduct of the business
of the House – Suspension beyond the remainder period of the
ongoing Session would not only be grossly irrational measure, but
also violative of basic democratic values – One year suspension is
H
762
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 763
ASSEMBLY & ANR.

worse than “expulsion”, “disqualification” or “resignation”– A
Procedure in directly withdrawing the petitioner without inquiry by
the Committee of Privilege and opportunity of hearing to them is
neither prescribed in Part XVIII of the Rules or Rule 53 enabling
the Speaker to do so – Indeed, the constituency cannot have any
right to be represented by a disqualified or expelled member –
B
However, their representative cannot be kept away from the House
in the guise of suspension beyond the necessary (rational) period
linked to the ongoing Assembly Session, including the timeline
referred to in Art. 190(4) and s. 151A of the 1951 Act – Suspension
beyond the Session would be bordering on punishing not only the
member concerned, but also inevitably impact the legitimate rights C
of the constituency from where the member had been elected – It is,
therefore, a drastic measure trenching upon imposing penalty more
than disciplinary or corrective measure, beyond the limited inherent
powers of the House – Thus, the impugned resolution is, thus,
declared to be ineffective in law, insofar as the period beyond the
D
remainder of the stated Session in which the resolution came to be
passed – Petitioners entitled for all consequential benefits of being
members of the Legislative Assembly, on and after the expiry of the
period of the remainder of the concerned Session.
Maharashtra Legislative Assembly Rules, 2015 – r. 53 - Power
to order withdrawal of member - Procedure prescribed under - E
Explained.
Words and phrases: grossly and disorderly, suspension –
Meaning of, in the context of functioning of the House during the
session.
F
Allowing the writ petitions, the Court
HELD: 1. The impugned resolution suffers from the vice
of being unconstitutional, grossly illegal and irrational to the
extent of period of suspension beyond the remainder of the
concerned(ongoing) Session. Further, it is not a case of mere G
procedural irregularity committed by the Legislature within the
meaning of Article 212(1) of the Constitution. The impugned
resolution directing suspension of the petitioners beyond the
period of the remainder of the concerned Monsoon Session held
in July2021 is non est in the eyes of law, nullity, unconstitutional,
H
764 SUPREME COURT REPORTS [2022] 18 S.C.R.

A substantively illegal and irrational. The impugned resolution is,
thus, declared to be ineffective in law, insofar as the period beyond
the remainder of the stated Session in which the resolution came
to be passed. The petitioners are entitled for all consequential
benefits of being members of the Legislative Assembly, on and
after the expiry of the period of the remainder of the concerned
B
Session in July 2021. [Paras 72, 75, 76][822-D; 824-E-G]
2.1 It is settled law that even rules made to exercise the
powers and privileges of State Legislature constitute law within
the meaning of Article 13. The plea taken by the State that the
rules are neither statutory rules nor binding on the House will
C be of no avail. [Paras 32, 33][801-A, B-C]
2.2 The rules so framed can be altered by the House at any
time. Until the rules are altered, however, the House is ordinarily
guided by the procedure prescribed in the rules framed
under Article 208 of the Constitution. At the same time,
D proceedings inside the Legislature cannot be called into question
on the ground that the same have not been carried on in
accordance with the rules of business. It is, however, enough for
the present to observe that the framed under Article 208 acquire
the status of procedure established by law for the purpose
E of Article 21 of the Constitution. Viewed thus, even though the
Legislature has the prerogative to deviate from the rules
including to alter the rules; until then, and even otherwise, it is
expected to adhere to the “express substantive stipulation”
(which is not mere procedure) in the rules framed under Article
208 of the Constitution and the principle underlying therein, being
F procedure established by law. [Paras 34, 35][801-G-H; 802-A-D]
2.3 The dispensation prescribed under the Rules to
exercise power to order withdrawal of member (suspension) is
ascribable to Rule 53 of the Rules. This Rule not only speaks
about the procedure to be adopted for passing the drastic order
G of withdrawal of a member from the House but also about the
substantive disciplinary or the rationality of the self- security
measure to be taken in a graded (objective standard) manner.

H
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 765
ASSEMBLY & ANR.

The non-compliance of or deviation from the former (procedure) A
may be non-justiciable. However, in regard to the substantive
disciplinary or the rationality of the self-security measure inflicted
upon the erring member, is open to judicial review on the
touchstone of being unconstitutional, grossly illegal and irrational
or arbitrary. In terms of above Rule, the power is exercised by
B
the Speaker being a quasi-judicial order directing the member
to withdraw from the meetings of the Assembly. The Speaker is
expected to exercise this power only in case of conduct of the
member being “grossly disorderly” and in a graded objective
manner. The raison d’etre is to ensure that the business of the
House on the given day or the ongoing Session, as the case may C
be, can be carried on in an orderly manner and without any
disruption owing to misconduct of one or more members. The
expression used in the stated Rule is “grossly disorderly”. The
expression “grossly disorderly” has not been defined in the
Rules. Grossly”, is an adverb and indicative of relatively higher
D
degree of misconduct or so to say extremely wrong and deviant.
[Paras 36-38][802-D; 803-A-D, F-G]
2.4 Taking the totality of the meaning of expressions
“grossly” and “disorderly”, it must follow that the conduct of the
member is such that it was impeding the smooth or orderly
functioning of the House, and may also be of such a nature that it E
is likely to bring disrepute to the House. It may involve varied
situations and, therefore, implied exercise of rational corrective
mechanism is quintessential. The action of suspension or
directing withdrawal of a member from the meetings of the
Assembly is in the nature of self-security and is essentially F
directed to ensure that the House can then protect itself against
obstruction, or disturbance of its ongoing proceedings owing to
the misconduct of any of its members. That power is different
from the privilege to inflict punishment on a member, which may
require higher degree of deprivation of the member over and
above participating in the proceedings of the House during the G
Session. In a given case, it can be in the form of expulsion being
the highest degree of exclusion of the member from the House.
Yet another would be penal, in case of ordering imprisonment
owing to act of contempt of the House. Rule 53 of the Rules
provides for a graded (rational and objective standard) approach H
766 SUPREME COURT REPORTS [2022] 18 S.C.R.

A to be adopted by the Speaker for ensuring orderly conduct of the
business of the House. In the present case, however, the Minister
for Parliamentary Affairs introduced a motion in the House for
initiating action for contempt of the House, which the Chairman
allowed it to be put to vote instantly at 14:40 hours on the same
day and it was passed by the House by majority in no time. Indeed,
B
if it is a case of grossly disorderly behaviour in the House, the
Speaker/Chairman himself is free to take instantaneous decision
to order withdrawal of the member from the meetings of the
Assembly during the remainder of the day’s meeting and if it is a
case of repeat misconduct in the same Session — for the
C remainder of the Session. [Paras 40, 41][804-E-H; 805-A-D]
2.5 Concededly, there is nothing in the constitutional
scheme or the rules framed under Article 208 to prevent a
member of the House to move a motion for directing withdrawal
of a member on the ground of his grossly disorderly conduct.
D Further, if the Speaker can suo motu direct the member to
withdraw from the Assembly on the same day instantly to secure
smooth functioning of the proceedings, for the same logic, even
the House could pass a resolution itself on a motion being moved
by a member of the House instantly with the concurrence of the
Speaker on such a motion. [Para 42][805-E-F]
E
2.6 In the present case, the Chairman entertained the
subject motion and called upon the House to vote thereon, which
had the effect of giving tacit consent if not explicit concurrence
to the same. In that sense, it is not a case of resolution passed by
the House (to suspend its members) as being without jurisdiction.
F It is a different matter that if the Speaker/Chairman was to do so,
it could be only under Rule 53 in a graded manner for the
remainder of the day and for repeat misconduct in the same
Session — for the remainder of the Session. That would be a
logical and rational approach consistent with the constitutional
G tenets. If the House takes upon itself to discipline its members,
it is expected to adopt the same graded (rational and objective
standard) approach on the lines predicated in Rule 53. That would
be a case of rational action taken by the House as per the

H
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 767
ASSEMBLY & ANR.

procedure established by law. As opposed to a rational decision, A
it would be a case of irrational or preposterous approach. [Para
43-44][805-F-H; 806-A-B, D]
2.7 A priori, if the resolution passed by the House was to
provide for suspension beyond the period prescribed under the
stated Rule, it would be substantively illegal, irrational and B
unconstitutional. In that, the graded (rational and objective
standard) approach predicated in Rule 53 is the benchmark to be
observed by the Speaker to enable him to ensure smooth working
of the House, without any obstruction or impediment and for
keeping the recalcitrant member away from the House for a
period maximum up to the remainder of the entire Session. [Para C
45][806-F-G]
2.8 Inflicting suspension for a period “beyond the period
necessary” than to ensure smooth working/functioning of the
House during the Session “by itself”; and also, as per the
underlying objective standard specified in Rule 53, indubitably, D
suffer from the vice of being grossly irrational measure adopted
against the erring member and also substantively illegal and
unconstitutional. [Para 46][807-A-B]
2.9 Suspension beyond the remainder period of the ongoing
Session would not only be grossly irrational measure, but also E
violative of basic democratic values owing to unessential
deprivation of the member concerned and more importantly, the
constituency would remain unrepresented in the Assembly. It
would also impact the democratic setup as a whole by permitting
the thin majority Government (coalition Government) of the day F
to manipulate the numbers of the Opposition Party in the House
in an undemocratic manner. Not only that, the Opposition will
not be able to effectively participate in the discussion/debate in
the House owing to the constant fear of its members being
suspended for longer period. There would be no purposeful or
meaningful debates but one in terrorem and as per the whims of G
the majority. That would not be healthy for the democracy as a
whole. [Para 48][807-D-F]
2.10 It is well established that fundamental rights are
guaranteed by Part III of the Constitution, out of which Articles
H
768 SUPREME COURT REPORTS [2022] 18 S.C.R.

A 14, 19 and 21 are the most frequently invoked to test the validity
of the executive as well as legislative actions when these actions
are subjected to judicial scrutiny. Different Articles in the
Constitution under chapter Fundamental Rights and the Directive
Principles in Part IV ought to be read as an integral and incorporeal
whole with possible overlapping with the subject matter of what
B
is to be protected by its various provisions particularly the
fundamental rights. The sweep of Article 21 is expansive enough
to govern the action of dismembering a member from the House
of the Legislative Assembly in the form of expulsion or be it a
case of suspension by directing withdrawal from the meeting of
C the Assembly for the remainder of the Session. [Para 49][807-G-
H; 808-A-B]
2.11 It is evident from the impugned resolution that it has
been passed by the majority votes in the House immediately after
it was put to vote by the Chairman. It was in fact introduced as a
D motion for initiating action for having committed contempt of the
House which ordinarily ought to have proceeded under Part XVIII
of the Rules dealing with Privileges. That would have required
constitution of a Committee of Privileges to enquire into the
entire matter by giving opportunity of hearing to the persons
concerned. Instead of adopting that procedure, the House itself
E chose to direct withdrawal of the petitioners from the meetings
of the Assembly for a period of one year-which direction is neither
ascribable to the dispensation prescribed in Part XVIII of the
Rules or Rule 53 enabling the Speaker to do so. [Para 50][808-
B-D]
F 2.12 It is not a case of procedural irregularity as such.
Whereas, the decision taken by the House in this case, is one of
substantive illegality in directing suspension beyond the period
of remainder of the Session in which the motion was presented.
It is said so because, the period of suspension in excess of the
G period essential to do so much less in a graded manner including
on principle underlying Rule 53, would be antithesis to rational
or objective standard approach for ensuring orderly functioning
of the House during the ongoing Session. [Para 51][808-E-F]
2.13 Reverting to the challenge to the impugned resolution
H being grossly irrational. As noticed earlier, Rule 53 provides for
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 769
ASSEMBLY & ANR.

a graded (rational and objective standard) approach. The timeline A
as specified in Rule 53 is with a view to address the immediate
concern of the House for ensuring orderly conduct of the business
of the House in the given Session. This action is implied on the
doctrine of necessity. The Speaker and for that matter, even the
House as a whole or by majority, would be within its power to
B
resort to such a mechanism being rational measure. Exceeding
the stated timeline is a substantive matter and not a procedural
irregularity. It would raise a basic question as to what purpose
would be served by withdrawing the member from the House for
successive Sessions falling within that period of one year. Indeed,
if the conduct of the member is gross warranting his removal C
from the Assembly even beyond the period of sixty days [Article
190(4)] or six months (Section 151A of the 1951 Act), the House
is capable of invoking its inherent power of expulsion of such a
member, which is a greater power. [Para 52][808-F-H; 809-A-B]
2.14 Suspension for a day or for the remainder of the D
Session, would be of a lesser degree of exercise of that power.
However, it is not open to contend that the higher degree of
power would include power to suspend the member beyond the
period essential to keep him/her away from the Assembly for
ensuring orderly conduct of the business of the House. The E
important consideration for scrutinising the exercise of legislative
privileges is whether the same is necessary to safeguard the
integrity of the legislative functions. This Court had recognised
that the Legislature’s power to punish for its contempt was not
untrammelled. That power of legislative chamber to punish for
its own contempt must coincide with the Legislature’s interest F
in protecting the integrity of its function. In other words, the
suspension of a member must be preferred as a short-term or a
temporary measure for restoring order in the functioning of the
concerned Assembly Session for completing its scheduled
business within time and by way of disciplinary measure against G
the incorrigible member(s). [Para 53][809-B-E]
2.15 The word “suspension” is necessarily linked to
attendance of the member in the House. Thus, the suspension

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770 SUPREME COURT REPORTS [2022] 18 S.C.R.

A may be resorted to merely for ensuring orderly conduct of the
business of the House during the concerned Session. Anything
in excess of that would be irrational suspension. This is so
because the member represents the constituency from where he
has been duly elected and longer suspension would entail in
deprivation of the constituency to be represented in the House.
B
It is true that right to vote and be represented is integral to our
democratic process and it is not an absolute right. Indeed, the
constituency cannot have any right to be represented by a
disqualified or expelled member. However, their representative
cannot be kept away from the House in the guise of suspension
C beyond the necessary (rational) period linked to the ongoing
Assembly Session, including the timeline referred to in Article
190(4) of the Constitution and Section 151A of the 1951 Act. [Para
54] [809-E-H]
2.16 Suspension is essentially a disciplinary measure.
D Suspension for a period of one year would assume the character
of punitive and punishment worse than expulsion. For, suspension
for long period and beyond the Session has the effect of creating
a de facto vacancy though not a de jure vacancy. The argument of
the State that despite suspension from the House, the members
would continue to discharge all other functions outside the House
E
as an elected representative. This plea, is tenuous. For, the effect
of such suspension is visited not only on the constituency that
goes unrepresented for potentially long and unessential time,
but also on the functioning of the Assembly itself. [Para 55][810-
A-C]
F 2.17 One-year suspension is worse than “expulsion”,
“disqualification” or “resignation” — insofar as the right of the
constituency to be represented before the House/Assembly is
concerned. Long suspension bound to affect the rights harsher
than expulsion wherein amid term election is held within the
G specified time in terms of Section 151A of the 1951 Act, not later
than six months. Thus, the impugned resolution is unreasonable,
irrational, and arbitrary and liable to be set aside. [Para 56][810-
D-E]
2.18 It must follow that in absence of any express provision
H bestowing power in the Legislature to suspend its member(s)
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 771
ASSEMBLY & ANR.

beyond the term of the ongoing Session, the inherent power of A
the Legislature can be invoked only to the extent necessary and
for proper exercise of the functions of the House at the relevant
point of time. No more. For that purpose, it could resort to
protective and self-defensive powers alone and not punitive at
all. [Para 60][814-F-G]
B
2.19 Implied or inherent power of the Legislature must be
reckoned to the extent only to what is required to be done by the
House for effective and orderly functioning of its business during
the ongoing Session and not beyond. For that very reason, Rule
53 provides for a graded corrective action, namely, on the first
occasion, the Speaker may suspend the member for the remainder C
of the day and if the misbehaviour is repeated in the same Session
— for the remainder of the Session. [Paras 61, 62][815-F-G; 816-
F]
2.20 It must follow that only a graded approach is the
essence of a rational and logical approach; and only such action D
of the Legislature which is necessary for orderly conduct of its
scheduled business of the ongoing Session can be regarded as
rational approach. Suspension beyond the Session would be
bordering on punishing not only the member concerned, but also
inevitably impact the legitimate rights of the constituency from E
where the member had been elected. [Para 63][817-A-B]
2.21 In the present case, the House has already adopted
the Rules for conduct of its business and Rule 53 of the Rules
expressly provides for the mechanism regarding suspension of
its member. Indubitably, the source of powers and privileges 77 F
supra at Footnote No.66 of Legislatures in India is derived
from Article 105(3) in case of Parliament and Article
194(3) concerning the State Legislature. In absence of a law to
define such powers and privileges, as of now, it can only exercise
those powers as existed in the House of Commons of the
Parliament of United Kingdom at the commencement of the G
Constitution. [Para 65][817-E-G]
2.22 A priori, if the Legislature intended to depart from
mechanism predicated in Rule 53, it ought to have expressly

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772 SUPREME COURT REPORTS [2022] 18 S.C.R.

A provided for that dispensation. If it had done that by a law or in
the form of Rules framed under Article 208 of the Constitution,
the legality and constitutionality thereof could have been tested.
Suffice it to note, in absence thereof, it would inevitably be
exercise of power without an express grant in that regard. In
such a case, the exercise of power can only be implied or inherent
B
and limited to the logic of general necessity by way of
self-protective or self-defensive action reasonably necessary for
proper exercise of the functions of the House during the ongoing
Session. Anything in excess then for a day or the remainder of
the ongoing Session, would not be necessary much less rational
C exercise of inherent power of the Assembly. Even, Rule 53
bestows authority in the Speaker to take action against the
member only for ensuring orderly functioning of the House. Same
logic must apply to the exercise of inherent limited power by the
House, even if it may not be de facto under Rule 53. [Para 69][820-
E-G]
D
M. S. M. Sharma v. Sri Krishna Sinha & Ors. AIR 1959
SC 395 : [1959] Suppl. SCR 806; Raja Ram Pal v.
Hon’ble Speaker, Lok Sabha & Ors. (2007) 3 SCC 184
: [2007] 1 SCR 317; Amarinder Singh v. Special
Committee, Punjab Vidhan Sabha & Ors. (2010) 6 SCC
E 113 : [2010] 4 SCR 1105; Sub- Committee on Judicial
Accountability vs. Union of India & Ors. (1991) 4 SCC
699 : [1991] 2 Suppl. SCR 1 – followed.
Alagaapuram R. Mohanraj &Ors. v. Tamil Nadu
Legislative Assembly & Anr. (2016) 6 SCC 82 : [2016]
F 6 SCR 611; Sushanta Kumar Chand & Ors. v. The
Speaker, Orissa Legislative Assembly and Anr. AIR 1973
Ori 111; Special Reference No.1 of 1964 AIR 1965 SC
745 : [1965] SCR 413; Jagjit Singh v. State of Haryana
& Ors. (2006) 11 SCC 1 : [2006] 10 Suppl. SCR 521;
G Jagdishbhai Thakore & Anr. v. Chandrikaben
Chudasma & Ors. 2007 (48) 4 GLR 2998; Chhabildas
Mehta, M.L.A. v. The Legislative Assembly, Gujarat State
(1970) 11 GLR 729; K. A. Mathialagan v. P. Srinivasan
& Ors. AIR 1973 Madras 371; A.M. Paulraj v. The
Speaker, Tamil Nadu Legislative Assembly, Madras &
H
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 773
ASSEMBLY & ANR.

Anr. AIR 1986 Madras 248; K. Anbazhagan & Ors. v. A
The Secretary, The Tamil Nadu Legislative Assembly,
Madras & Ors. 1987 SCC OnLine Mad 89; V. C.
Chandhira Kumar, Member of Legislative Assembly &
Ors. v. Tamil Nadu Legislative Assembly, Secretariat &
Anr. 2013 (6) CTC 506; Kihota Hollohon v. Zachilhu
B
& Ors. AIR 1993 SC 412; M. C. Mehta v. Union of
India & Ors. (1999) 6 SCC 237 : [1999] 3 SCR 1173;
Ratilal Bhanji Mithani v. Asstt. Collector of Customs,
Bombay & Anr. [1967] 3 SCR 926 – referred to.
Barton v. Taylor (1886) 11 AC 197; Bradlaugh v.
Gossett (1884) 12 QBD 271: 50 LT 620; Edward Kielley C
vs. William Carson (1842) 4 Moore PC 63 : 13 ER 225
64; Thomas William Doyle v. George Charles Falconer,
(1865-67) LR 1 PC 328 : 36 LJPC 33 : 15 WR 366 –
referred to.
Treatise of Sir Thomas Erskine: The Law, Privileges D
Proceedings and Usage of Parliament, fifteenth (1950)
Edition; Black’s Law 11th Edition, 6th Edition; Concise
Oxford Dictionary 8 th Edition – referred to.
Case Law Refrence
E
[2016] 6 SCR 611 referred to Para 8
[1959] Suppl. SCR 806 followed Para 34
[1965] SCR 413 referred to Para 18 d
[2006] 10 Suppl. SCR 521 referred to Para 18 d
F
[2007] 1 SCR 317 followed Para 22, 25, 34
[2010] 4 SCR 1105 followed Para 23, 53
[1999] 3 SCR 1173 referred to Para 19 c
[1991] 2 Suppl. SCR 1 followed Para 24 G
[1967] 3 SCR 926 referred to Para 31
CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.
797 of 2021.
Under Article 32 of The Constitution of India.
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774 SUPREME COURT REPORTS [2022] 18 S.C.R.

A With
Writ Petition (Civil) Nos. 807, 800 and 808 of 2021.
Siddharth Bhatnagar, Mahesh Jethmalani, Neeraj Kishan Kaul,
Mukul Rohatgi, Sr. Advs., Siddharth Dharmadhikari, Abhikalp Pratap
Singh, Abhay Anturkar, Ms. Pracheta Kar, Aditya Sidhra, Nadeem Afroz,
B Utsav Trivedi, Abhinay, Ms. Astha Prasad, Himanshu Sachdeva,
Ms. Manini Roy, Ms. Shivani Bhushan, Ms. Unnati Vijay, Ms. Aishwarya
Samal, Pooran Chand Roy, Milinda Sharma, Ravi Sharma, Ms. Mugdha
Pande, Karan Dev Chopra, Ms. Arzoo Aneja, Ms. Ira Mahajan, Ms.
Bhavya Tyagi, Ms. Bhavya Pande, Ms. Aadya Yadav, Dhruv Tank, Advs.
C for the Petitioners.
C. Aryama Sundaram, Sr. Adv., Rahul Chitnis, Sachin Patil, Akshay
Shinde, Aaditya A. Pande, Geo Joseph, Ms. Shwetal Shepal, Ms. Rohini
Musa, Zafar Inayat, Abhishek Gupta, Advs. for the Respondents.
The Judgment of the Court was delivered by
D
A. M. KHANWILKAR, J.
1. The petitioners have been duly elected as members of the current
Maharashtra Legislative Assembly (2019-2024). They got elected from
different constituencies in the State of Maharashtra. They belong to the
Bharatiya Janata Party 1, the principal Opposition Party in the
E
Maharashtra Legislative Assembly. The Ruling Party is a coalition
between the Shiv Sena, the Nationalist Congress Party (NCP) and the
Indian National Congress (INC) christened as “Maha Vikas Aghadi”.
2. This lis emanates from the events as unfolded during the
Monsoon Session of the Maharashtra Legislative Assembly on 5.7.2021.
F
The proceedings of the House witnessed heated exchanges between
the members of the Opposition Party and the Ruling Party due to an
impression formed by the former that the business of the House was
being conducted in unilateral manner, with conscious and engineered
effort to suppress voice of the Opposition Party. In that, even the Leader
G of Opposition was denied an opportunity to speak on a crucial motion
under consideration. At the relevant time, the House was presided over
by the Chairman nominated under Rule 8 of the Maharashtra Legislative
Assembly Rules2, who according to the petitioners, denied opportunity
to the Opposition Party to speak including to the Leader of Opposition.
1
for short, “BJP”
H 2
for short, “Rules”
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 775
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

3. It is alleged that in the meeting of the Business Advisory A
Committee, which preceded the actual Assembly Session, there was a
concerted effort on behalf of the members of the Ruling Party to cut
short the Assembly Session for a period of two days especially when the
State was facing unprecedented situation owing to pandemic, which
needed elaborate deliberation in the House. The concerted effort was to
B
strip of all legislative tools available to the Opposition Party so as to
make sure that voice of opposition is muffled and suppressed.
4. The Chair of the Speaker of the House was vacant at the
relevant time due to stepping down by the incumbent. The election for
appointing a new Speaker of the Assembly was yet to be conducted. As
per Rule 8 of the Rules, in such a situation other nominated member of C
the House had to preside on 5.7.2021. As aforesaid, a general feeling
had developed amongst the members of the Opposition Party that the
business of the House was not being transacted in congenial manner
and they were prevented from raising important questions and express
their views on matters of public importance. To wit, when the Minister D
was moving a resolution in relation to the empirical data pertaining to
OBC, the Leader of Opposition wanted to object to the same. However,
he was denied that opportunity. That eventually led to heated exchanges
between the members of both sides and consequently, the House was
adjourned.
E
5. Thereafter, some of the members of the Opposition went to
meet the Deputy Speaker in his chamber to vent out their grievance
regarding the unfair manner of conducting proceedings by the nominated
Chairman. At that time, some members of the Ruling Party (Shiv Sena)
arrived and engaged in heated exchanges. When the House resumed,
the nominated Chairman referred to the fact that some members of the F
Shiv Sena were present in the chamber and involved in heated exchanges,
but no action was being taken against them as both the sections had
apologised to each other. According to the petitioners, when the House
resumed, by way of courtesy a sincere apology was graciously tendered
by the Leader of Opposition to the Chairman for the earlier incident G
while adverting to the fact that none of the MLAs belonging to the
Opposition Party (BJP) including the petitioners herein had abused the
Chairman. Soon thereafter, to the utter surprise of the petitioners (and
other members of the Opposition Parties), the Minister for Parliamentary
Affairs moved a resolution for initiating action against 12 MLAs of the
H
776 SUPREME COURT REPORTS [2022] 18 S.C.R.

A BJP for having committed contempt of the House. That motion was
tabled in the House and the Chairman was called upon to do the needful.
The Chairman then called upon the House to pass the said resolution.
The House in turn passed that resolution by majority votes after it was
put to vote at 14:40 hours on 5.7.2021. The same reads thus:
B “P.H.: Contempt of the House by objectionable behavior
M.H.: Resolution of Minister for Parliamentary Affairs regarding
suspension of M.L.A.s for Contempt of the House due to
objectionable behavior.
1) Dr. Sanjay Kute,
C
2) Adv. Ashish Shelar,
3) Shri Abhimanyu Pawar
4) Shri Girish Mahajan
5) Shri Atul Bhatkhalkar
D
6) Adv. Parag Alavani,
7) Shri Harish Pimple
8) Shri Ram Satpute,

E 9) Shri Jaikumar Rawal,
10) Shri Yogesh Sagar,
11) Shri Narayan Kuche,
12) Shri Kritikumar @ Bunty Bhangdiya, M.L.A.
F Adv. Anil Parab (Minister for Parliamentary Affairs): Hon’ble
Speaker, I wish to move the following resolution with your kind
permission.
“On 5th July 2021 when the business of the House was being
conducted, Hon’ble M.L.As Dr. Sanjay Kute, Adv. Ashish Shelar,
G Sarvashree Abhimanyu Pawar, Girish Mahajan, Atul Bhatkhalkar,
Adv. Parag Alvani, Sarvashree Harish Pimple, Ram Satpute,
Jaikumar Rawal, Yogesh Sagar, Narayan Kuche, Kirtikumar @
Bunty Bhangdia misbehaved in the House, addressed the Chairman
in the Speaker’s Chair unparliamentary language, tried to take
the mike and Rajdand, despite repeated warnings, all these
H
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 777
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

members misbehaved in the chamber of the Hon’ble Speaker even A
after the House was adjourned and abused and manhandled the
Chairman in the Speaker’s Chair. Due to the indisciplined and
unbecoming behavior resulting in maligning the dignity of the
House, this House resolves to suspend the membership of
Sarvashree Dr. Sanjay Kute, Adv. Ashish Shelar, Sarvashree
B
Abhimanyu Pawar, Girish Mahajan, Atul Bhatkhalkar, Adv. Parag
Alvani, Sarvashree Harish Pimple, Ram Satpute, Jaikumar Rawal,
Yogesh Sagar, Narayan Kuche, Kirtikumar @ Bunty Bhangdia
for a period of one year. Similarly, during the period of suspension
they may be restrained from entering into the premises of Vidhan
Bhawan at Mumbai and Nagpur.” C
Hon’ble Speaker, I request the House to pass this resolution.
Resolution has been tabled.
Chairman in the Speaker’s Chair: Now I put this resolution to
vote. D
Resolution has been passed after putting it to vote.”
6. According to the petitioners, the Leader of Opposition thereafter
wrote four letters to the Deputy Speaker on 7.7.2021 for furnishing
relevant information including CCTV footage, video recording of the
entire proceedings and a copy of the verbatim proceedings of the record E
of the Legislative Assembly dated 5.7.2021 and 6.7.2021. Thereafter,
the petitioners also sent letters to the Deputy Speaker requesting him to
furnish relevant material of the proceedings including recording of the
proceedings in the House dated 5.7.2021 and 6.7.2021.
7. Eventually, on 22.7.2021, the petitioners approached this Court F
by way of these writ petitions under Article 32 of the Constitution of
India, for issuing appropriate writ, order or direction so as to quash and
set aside the impugned resolution dated 5.7.2021 passed by the
Maharashtra Legislative Assembly being unconstitutional and grossly
illegal and for enforcement of their fundamental rights as guaranteed
G
under Articles 14 and 21 of the Constitution.
8. It is urged that the impugned resolution dated 5.7.2021 has
been passed in undue haste and is politically motivated. It is primarily
intended to adversely impact the numbers of the Opposition Party in the
House. It has been passed without giving an opportunity of hearing to
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778 SUPREME COURT REPORTS [2022] 18 S.C.R.

A the petitioners much less calling upon them to offer written explanation.
To buttress this ground, reliance has been placed on a decision of two-
Judge Bench of this Court in Alagaapuram R. Mohanraj & Ors. vs.
Tamil Nadu Legislative Assembly & Anr.3.
9. It is urged that the events, as unfolded, on the face of it, would
B indicate the undue haste in which the impugned resolution came to be
passed within a matter of hours, that too, without granting opportunity to
the petitioners to meet the case against them. This was grossly and
patently violative of Article 14 of the Constitution. For, there was absolutely
no material before the Chairman or the Minister to substantiate the need
for suspending the petitioners, that too for such a long period.
C
10. Further, even the impugned resolution dated 5.7.2021 does
not refer to any material on the basis of which such extreme step of
suspension had been taken against these petitioners. There is no indication
in the resolution as to how the 12 members (petitioners herein) were
identified from a huge crowd of people and singled out for initiating the
D action of suspension. As a matter of fact, the impugned resolution itself
alludes to unruly behaviour on the floor of the House and outside the
chamber of the Speaker. The video footage of the alleged incident, which
is in public domain, shows a large crowd of people and there is absolutely
no way of identifying the 12 MLAs (petitioners herein) who have been
E suspended and singled out. As a matter of fact, the Minister who brought
the motion was not even present in the chamber of the Speaker. In a
similar situation, this Court in Alagaapuram R. Mohanraj4 had to quash
the resolution for lack of evidence to identify the suspended members of
the Tamil Nadu Legislative Assembly.

F 11. In the present case, the impugned resolution makes no reference
to any material much less video footage, etc., which has been relied
upon before bringing an action for suspension. Moreover, it is amply
clear from the impugned resolution that the action against the petitioners
was for alleged unruly behaviour/misconduct and not for breach of
privilege that is covered by an independent dispensation. As regards
G suspension of a member of the House, as per Rule 53 of the Rules such
action could be initiated “only” by the Speaker after complying with the
principles of natural justice and fair play. The provision, such as Rule 53,
is engrafted to put a check on the majoritarian attitude of the Government.
3
(2016) 6 SCC 82
H 4
supra at Footnote No.3
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 779
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

The Speaker is expected to act fairly, in particular during the conduct of A
proceedings in the House towards both sides, namely, members of the
Ruling Party as well as of the Opposition Party. So to speak, he exercises
quasi-judicial function.
12. It is urged that a motion for unruly behaviour in the House can
never be a subject matter of voting since it would enable the political B
party in power to virtually wipe out the opposition for some trivial acts
committed by their members, by suspending as many members of the
Opposition Party. The decision of suspension, therefore, must rest with
the Speaker and not the House. Notably, Rule 53 of the Rules prescribes
a maximum period of suspension not exceeding remainder of the Sessions.
Thus, suspension of the petitioners for a period of one year is grossly C
unconstitutional and illegal. If the impugned resolution was allowed to
prevail, nothing would prevent the political party in power (in majority)
to resort to such mechanism and to suspend a large number of members
of Opposition Party upto five years or remainder of the term of the
Legislative Assembly by resorting to voting in the House. D
13. It is also urged that the erstwhile Speaker had stepped down,
as a result of which, he ceased to be the Chairman. As such, heated
exchanges allegedly occurring between him and the petitioners outside
the House, would not invite action of suspension, inasmuch as after
stepping down as Speaker, he would continue only as an ordinary MLA. E
Further, the Chairman nominated under Rule 8 of the Rules is not
empowered to exercise powers under Rule 53, considering the fact that
there was a Deputy Speaker of the House who could have discharged
the functions of the Speaker after his stepping down or during his absence
as per Article 180 of the Constitution. In that sense, the impugned
resolution dated 5.7.2021 is nullity and non est in the eyes of law, having F
passed without authority of law.
14. These writ petitions came up for preliminary hearing on
14.12.2021. After hearing learned counsel for the petitioners and for the
State of Maharashtra, the Court passed the following order:
G
“We have heard learned counsel for the petitioners and for
the State of Maharashtra.
These matters involve issues of moment for a Westminster
form of Democracy.
H
780 SUPREME COURT REPORTS [2022] 18 S.C.R.

A It is urged by the petitioners that the impugned resolution
by the Maharashtra Legislative Assembly dated 05.07.2021 suffers
from the vice of denial of opportunity of being heard and adherence
to the rules of natural justice.
It is also urged that the resolution neither follows the
B procedure prescribed under Rule 53 of the Maharashtra Legislative
Assembly Rules (for short “The Rules”), namely, for suspension
of member of the House by the Speaker nor predicated in Part
XVIII including Rule 273 to take action against the member for
breach of privilege of the House.
C It is also urged that the power of Legislative Assembly
though absolute in certain respects, the decision reached by the
House can always be questioned on the settled principles amongst
others being manifestly grossly arbitrary or irrational, violating the
fundamental rights and such other grounds, as may be permissible
and delineated in the decision of the Constitution Bench of this
D Court in Raja Rampal Vs. Hon’ble Speaker, Lok Sabha & Ors.
reported in (2007) 3 SCC 184, including the two Judge decision of
this Case in Alagaapuram R. Mohan Raj & Ors. Vs. Tamil Nadu
Legislative Assembly & Anr. reported in (2016) 6 SCC 82. Further,
for the nature of impugned resolution, it not only abridges the
E rights of as many as twelve members, as guaranteed to them
under Article 194 of the Constitution of India, but also of the
constituencies represented by each of them by merely invoking
the route of majority opinion of the House, an unprecedented and
unconventional move not backed by any similar precedent. In any
case, the period of suspension of one year is unconscionable and
F manifestly arbitrary and irrational.
On the other hand, it is urged by the learned counsel for the
State that Article 212(1) of the Constitution of India makes it amply
clear that it is not open to the Court to explore the argument of
proper procedure not followed by the House. Further, it is not
G open to the Court to do judicial review of the final decision on the
basis of abstract arguments and grounds urged before this Court;
and even if a sui generis procedure has been adopted by the House,
it is the absolute prerogative of the House to regulate its business.
It is also urged by the learned counsel for the State that the
H petitioners have not refuted the case made out against them about
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 781
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

misbehaviour in the House and outside the House as well. Indeed, A
this plea has been countered by learned counsel appearing for the
petitioners.
All these are debatable issues and would require deeper
consideration.
As a result, we deem it appropriate to issue a formal notice B
to the respondents, returnable on 11.01.2022.
Mr. Sachin Patil, Advocate waives notice for respondent
No. 2-State.
Additionally, the petitioner is permitted to serve dasti notice C
on the respondent No.1.
Needless to observe that pendency of these petitions will
not come in the way of the petitioners to explore the possibility of
urging upon the House to show leniency and reconsider the decision
impugned in these writ petitions, at least, to the extent of reducing D
the term specified therein. That is a matter to be considered by
the House appropriately.”
By this order, the Court had expressed a sanguine hope
that the matter would get resolved in the ensuing Session scheduled
in the following week. Presumably, no effective headway had
E
been made in that regard.
15. It appears that notice sent to respondent No.1, as per office
report, has been duly served. We have been informed by the learned
counsel appearing for the State as well as the petitioners that respondent
No.1 would not be appearing in the present proceedings. The respondent-
F
State, however, is defending the impugned resolution by filing counter
affidavit dated 7.1.2022 sworn by Mr. Satish Baban Waghole, In Charge
Secretary, Parliamentary Affairs Department. The reply affidavit amongst
others points out that the issues raised by the petitioners are essentially
the matters concerning procedure in the House of the Legislative
Assembly and at best regarding some procedural irregularities committed G
during the proceedings. That cannot be the basis to invoke jurisdiction of
this Court which is constricted by the mandate of Article 212 of the
Constitution, as it concerns the powers and privileges of the House.
Thus, the petitioners are not entitled for any relief under Article 32 of the
Constitution.
H
782 SUPREME COURT REPORTS [2022] 18 S.C.R.

A 16. It is urged that the suspension for unruly conduct in the House
is not solely referrable to Rule 53 of the Rules. Whereas, it is open to the
Legislature to depart from the Rules and take a decision which could
exceed the period prescribed in the Rules. The period of one year
suspension cannot be said to be arbitrary or disproportionate as such
when the Legislature has the prerogative to reprimand or admonish its
B
members, independent of the power of the Speaker of the House to
order withdrawal of members under the Rules. The House has the power
to take suitable action against its members who transgress the limits laid
down in Article 194(1) of the Constitution, being its inherent power and
it is not open to the Judicature to have a second-guess approach in that
C regard.
17. It is urged that from the averments in the writ petitions itself,
it is conceded that the Leader of Opposition had to apologise for the
unruly behaviour of the members of the Opposition including that of the
petitioners. The petitioners had committed acts which resulted in
D undermining and maligning the dignity of the House in the face of the
House and for which reason, the House decided to suspend the petitioners.
In such a situation, there is no question of granting any opportunity of
hearing or for furnishing written explanation, being a case of contempt
of the House on the face of it while it was in Session. The reply affidavit
essentially rebuts the legal arguments of the petitioners and reiterates
E the factual position emanating from the impugned resolution itself and
urges this Court to dismiss the writ petitions being devoid of merits.
Submissions - Petitioners:
18. The petitioners are represented by Mr. Mahesh Jethmalani,
F Mr. Mukul Rohatgi, Mr. Neeraj Kishan Kaul and Mr. Siddharth Bhatnagar,
learned senior counsel. The sum and substance of their submission is as
follows. First, the impugned resolution passed by the House is without
jurisdiction. For, the power to suspend as per applicable Rules is bestowed
“only” upon the Speaker of the House and as the Office of the Speaker
was vacant at the relevant time, upon the Deputy Speaker as per Article
G 180 of the Constitution. Further, the exercise of power by the Speaker is
a quasi-judicial decision which must, therefore, precede with a formal
inquiry, opportunity of hearing to the member concerned and recording
of satisfaction about the nature of misdeeds committed by the member
concerned amounting to grossly disorderly conduct. In short, the House
H
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 783
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

had no jurisdiction to pass the impugned resolution much less the manner A
in which it has been passed, in undue haste. Second, no known or
prescribed procedure has been followed to order withdrawal of the
members from the Assembly. Thus, a gross illegality has been committed
by the House. The House is bound to adhere to the Rules framed by it
for that purpose under Article 208 of the Constitution. The applicable
B
Rules provide for different dispensation. The power to order withdrawal
of its member, is provided in Rule 53 and regarding breach of its Privileges
is governed by Part XVIII of the Rules (vide Rules 273 to 289). A 15
days’ notice regarding the motion introduced in the House is required to
be given under Part XII of the Rules being Rule 106 of the Rules. None
of these have been followed in tabling of the subject motion and in passing C
the impugned resolution. Thus, it is not a case of mere procedural
irregularity, but of being unconstitutional, grossly illegal and irrational
resolution adopted by the House including the direction to the petitioners
to withdraw from the House for one year vide impugned resolution.
Thirdly, there has been gross violation of principles of natural justice. In
D
that, no opportunity whatsoever was afforded to the petitioners much
less a formal notice calling upon them to offer their explanation. Had
such an opportunity been given, it would have been possible for the
petitioners to demonstrate that they were not part of the unruly mob
which had indulged in activities amounting to grossly disorderly conduct.
18.(a) It is also urged that at any rate the impugned resolution E
suspending the petitioners for a period of one year cannot be
countenanced in law being unconstitutional, grossly illegal and irrational.
Inasmuch as, Rule 53 provides for a graded approach to be adopted by
the Speaker for ensuring orderly conduct of business in the House by
directing withdrawal of a member, who in his opinion, had or was creating F
obstruction in that regard. Inasmuch as, if it is his first instance of such
type, the Speaker could order his withdrawal for the remainder of the
day’s meeting. In case of repeat misconduct during the same Session,
the Speaker could order withdrawal of such member for the remainder
of the Session. Had it been a case of exercise of power under Rule 53,
the member so directed to be absent shall, during the period of such G
absence, is deemed to be absent with the permission of the Assembly
within the meaning of clause (4) of Article 190 of the Constitution.
However, the impugned resolution makes no reference to this aspect at
all.
H
784 SUPREME COURT REPORTS [2022] 18 S.C.R.

A 18.(b) On the stated position taken by the respondents that the
power has been exercised by the House and is not ascribable to Rule 53,
but the inherent power of the House, even in that case, the suspension
of the member of the House cannot go beyond the ongoing Session.
Inasmuch as, excess and unnecessary period of suspension of the member
from the House is not only undesirable in the matter of democratic values
B
enunciated in the Constitution, but substantively or grossly illegal and
irrational, if not bordering on perversity. For, longer period of suspension
beyond the ongoing Session would not only be unnecessary, but nearer
to being arbitrary, irrational and perverse. Taking any other view would
entail in validating grossly illegal and irrational resolution of the House.
C To buttress this argument, support is drawn additionally from the
dispensation predicated in the concerned Standing Order of the United
Kingdom regarding the Parliamentary Procedure as well as extracts
from Sir Thomas Erskine May’s Treatise on The Law, Privileges
Proceedings and Usage of Parliament. It is urged that the consequence
of absence of suspended member of the House beyond sixty days would
D
entail in vacation of the seat occupied by him/her, as predicated in Article
190(4); and in which case, in law, the concerned constitutional Authority
would be obliged to initiate process to fill in the vacant seat(s) not later
than six months from the date of such vacancy in terms of Section 151A5
of the Representation of the People Act, 19516. This is essential also to
E ensure that the concerned constituency does not remain unrepresented
in the Legislative Assembly for more than six months owing to the action
against its duly elected representative by the House. Had it been a case
of expulsion, it would not have resulted in punishment either to the
concerned member or the constituency represented by him. For, the
member concerned in that case could get re-elected to occupy the vacant
F
seat not later than six months. Thus understood, the timeline of suspension

5
151A. Time limit for filling vacancies referred to in sections 147, 149, 150 and
151.— Notwithstanding anything contained in section 147, section 149, section 150
and section 151, a bye-election for filling any vacancy referred to in any of the said
sections shall be held within a period of six months from the date of the occurrence of
G the vacancy:
Provided that nothing contained in this section shall apply if—
(a) the remainder of the term of a member in relation to a vacancy is less than
one year; or
(b) the Election Commission in consultation with the Central Government
certifies that it is difficult to hold the bye-election within the said period.
6
H for short, “1951 Act”
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 785
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

of the petitioners prescribed in the impugned resolution is worst and A
operates as inflicting penalty upon the petitioners as well as the
constituency represented by them. In other words, it is worse than
expulsion of a member of the House.
18.(c) In the present case, learned counsel contends that the House
had to assemble for only two days of the ongoing Session. The suspension, B
therefore, ideally could not have been for a period more than the remainder
of the Session in terms of Rule 53 of the Rules. Moreover, as the motion
was introduced in the House for initiating contempt, it ought to have
proceeded only under Part XVIII of the Rules by following procedure
prescribed therein which includes giving opportunity of hearing to the
member before the Committee of Privileges. If it was to be regarded as C
an ordinary motion, then the procedure under Rule 106 of the Rules
would have required 15 clear days’ notice. Further, Rule 1107 postulates
that the resolution if moved by the Minister, it should precede with seven
days’ notice. Even this requirement had been violated. In either case,
the impugned resolution suffers from the vice of denial of principles of D
natural justice, besides being arbitrary, perfunctory and founded on
unsubstantiated allegations against the petitioners. To buttress this
submission, reliance has been placed on the dictum in Alagaapuram R.
Mohanraj8.
18.(d) It is then urged that at any rate the time period of suspension E
as specified in the impugned resolution is manifestly arbitrary and grossly
disproportionate and excessive, besides being grossly illegal and
unconstitutional being hit by Articles 14 and 21 of the Constitution. For,
the impugned resolution entails in denial of representation even to the
concerned constituency for such a long time, much less beyond the period
specified in the Constitution [Article 190(4)] and the mandate of F
conducting elections not later than six months from the date of vacancy
vide Sections 150 and 151A of the 1951 Act. Reliance is placed on
Barton vs. Taylor9, Sushanta Kumar Chand & Ors. vs. The Speaker,
Orissa Legislative Assembly and Anr. 10, M.S.M. Sharma vs. Sri
7
G
110. Government Resolutions.— (1) The provisions of rule 106 shall not apply to
resolutions of which notice is given by a Minister or the Advocate General.
(2) Seven days’ notice shall be necessary in respect of such resolutions
(emphasis supplied)
8
supra at Footnote No.3 (paras 38 to 42)
9
(1886) 11 AC 197
10
AIR 1973 Ori 111 (Division Bench) H
786 SUPREME COURT REPORTS [2022] 18 S.C.R.

A Krishna Sinha & Ors.11, Special Reference No.1 of 196412, Jagjit
Singh vs. State of Haryana & Ors.13, Raja Ram Pal vs. Hon’ble
Speaker, Lok Sabha & Ors.14 and Amarinder Singh vs. Special
Committee, Punjab Vidhan Sabha & Ors.15.
18.(e) It was also argued that suspension of members beyond the
B period specified in Rule 53 tantamounts to deviation from the logic stated
therein. And being a case of deviation from the applicable Rules, it was
essential to first suspend Rule 53. That could be done by way of a motion
under Rule 5716. Moreover, the general powers of the Speaker have
been constricted in terms of Rule 5817, namely, limited to matters not
specifically provided for in the rules.
C
Submissions – Respondent (State of Maharashtra):
19. Mr. C. Aryama Sundaram, learned senior counsel appearing
for the State of Maharashtra, however, would urge that much argument
of the petitioners is founded on untenable assumption that the Rules
D were binding on the House; and it was not open to the House to proceed
dehors the rules formulated under Article 208 of the Constitution. He
submits that it is open to the Legislature to deviate from the Rules, even
if framed under Article 208. Such rules are only akin to the byelaws of
the society which are not enforceable nor can it be regarded as statutory
rules. Further, grounds of challenge set forth by the petitioners are
E essentially questioning the procedure adopted by the House in adopting
the impugned resolution. Such a challenge cannot be maintained nor
could be entertained by the Court in light of bar under Article 212(1) in
particular. It is not open to the Court to question the decision of the
House on the ground of irregularities in the procedure. For, the House
F 11
AIR 1959 SC 395 (5-Judge Bench) (paras 25,26,28 and 29)
12
AIR 1965 SC 745 (7-Judge Bench) (paras 31,32,35,36,39 to 41,56,60,61,124 and
125)
13
(2006) 11 SCC 1 (3-Judge Bench) (para 44)
14
(2007) 3 SCC 184 (5-Judge Bench)
15
(2010) 6 SCC 113 (5-Judge Bench) (paras 47,62,64 and 65)
16
57. Suspension of rules.— Any member may, with the consent of the Speaker,
G
move that any rule may be suspended in its application to a particular motion before
the House; and if the motion is carried, the rule in question shall be suspended for the
time being.
17
58. General Powers of Speaker.— All matters not specifically provided for in
these rules and all questions relating to the detailed working of these rules shall be
regulated in such manner as the Speaker may, from time to time direct.
H (emphasis supplied)
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 787
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

has the prerogative to adopt its own procedure even dehors the rules A
framed under Article 208. In a given situation, the rules being procedural
rules can be deviated by the House, if the need so arises. The Court can
only enquire into the question as to whether the House had jurisdiction to
adopt such a resolution and no further.
19.(a) He further submits that it is cardinal that the powers and B
privileges of the House of Legislatures as delineated in Article 194 of
the Constitution are non-justiciable, forming part of Chapter III (the State
Legislature) in Part VI of the Constitution. It is so mandated by Article
212(1) of the Constitution. That gives enough room to the Legislature to
adopt its own procedure for upholding the privileges of the House of
Legislature and its members which includes proceeding against even C
non-member in case of breach. Thus, it is not open to even remotely
suggest that the Legislature lacks jurisdiction.
19.(b) He submits that the fact that Rule 53 of the Rules provides
for exercise of power by the Speaker to order withdrawal of member in
graded manner, that does not and cannot prevent the House from passing D
a resolution to even expel the erring member. Thus, the House can
certainly direct suspension of its member for a period beyond the
remainder term of the Session. The Legislature while adopting such
resolution is not required to give any reason. For, no judicial review of
reasons which had weighed with the Legislature to pass the resolution is E
permissible, unless it is further shown that the resolution adopted by the
House is unconstitutional. In the present case, the House had adopted
resolution which is self-eloquent. In that, it mentions the necessity for
passing such a resolution of suspension of the petitioners for a term of
one year. The power has been exercised by the Legislature, which is
inherent in it especially regarding the conduct of its business. The F
impugned resolution, therefore, is not unconstitutional. He would submit
that in the guise of asserting that the impugned resolution is irrational,
the petitioners in effect are questioning the proportionality of the period
of suspension. This enquiry by the Court is impermissible. For, the decision
of the House regarding quantum or the period of suspension is non- G
justiciable
19.(c) He vehemently urged that this Court ought not to venture
into the factual matrix and have a second-guess approach regarding the
opinion expressed by the House in the impugned resolution. To buttress
his submissions, he has placed reliance on the decision of the Gujarat H
788 SUPREME COURT REPORTS [2022] 18 S.C.R.

A High Court in Jagdishbhai Thakore & Anr. vs. Chandrikaben
Chudasma & Ors.18, which follows the exposition of the Division Bench
of the same High Court in Chhabildas Mehta, M.L.A. vs. The
Legislative Assembly, Gujarat State19. He has also placed reliance on
K.A. Mathialagan vs. P. Srinivasan & Ors.20, A.M. Paulraj vs. The
Speaker, Tamil Nadu Legislative Assembly, Madras & Anr.21, K.
B
Anbazhagan & Ors. vs. The Secretary, The Tamil Nadu Legislative
Assembly, Madras & Ors. 22, V.C. Chandhira Kumar, Member of
Legislative Assembly & Ors. vs. Tamil Nadu Legislative Assembly,
Secretariat & Anr. 23, Special Reference No.1 of 1964 24, Kihota
Hollohon vs. Zachilhu & Ors.25, M.C. Mehta vs. Union of India &
C Ors.25A, Raja Ram Pal26 and Amarinder Singh27.
20. He would further submit that the Maharashtra Legislative
Assembly even in the past on more than one occasion had passed similar
resolution to suspend its member for one year period. That is the legitimate
inherent power of the House in the matter of upholding its privilege.
D Article 190(3) prescribes no limitation in this regard. Further, the
invocation of Article 190(4) and Section 151A of the 1951 Act by the
petitioners, is completely misplaced. For, Article 190(4) has no application
unless the absence of the member concerned is voluntary and without
permission of the House. Article 190(4) cannot override the powers and
privileges of the Legislature endowed in Article 190(3). Article 190(4) is
E an enabling provision envisaging occurrence of vacancy only if the
Legislature so resolves/decides, unlike ipso facto vacancy occurring in
situations referred to in Article 190(1) to 190(3). For issuing declaration
under Article 190(4) that vacancy has arisen, it ought to be done by the
Legislature if such recommendation is made by the Committee constituted
F under Rule 229 of the Rules known as Committee on Absence of
18
2007 SCC OnLine Guj 402 (para 8): 2007 (48) 4 GLR 2998 (Single Judge Bench)
19
(1970) 11 GLR 729 (Division Bench) (paras 14 to 16)
20
AIR 1973 Madras 371 (Full Bench)
21
AIR 1986 Madras 248 (Full Bench)
22
1987 SCC OnLine Mad 89 (Division Bench) (paras 87 to 92, 101, 108 to 110 and
G 160)
23
2013 (6) CTC 506 (Division Bench) (paras 4.19 to 4.30)
24
supra at Footnote No.12 (paras 31,34,35 and 39 to 41)
25
AIR 1993 SC 412:1992 Supp (2) SCC 651 (5-Judge Bench)
25A
(1999) 6 SCC 237 (paras 18 to 21)
26
supra at Footnote No.14 (paras 125, 160 to 162, 163, 271 to 300, 451 to 453, 530,
531, 534, 536, 598 and 696 to 705)
27
H supra at Footnote No.15 (paras 54 and 66)
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 789
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

Members from the Sittings of the House. The functions of the stated A
Committee are spelt out in Rule 230. The procedure noted in Rules 231
and 232 is clearly indicative of the fact that the absence of the member
must be voluntary and without permission of the House. In fact, the
period of absence noted in Article 190(4) is sixty days28 of meetings and
not English calendar days. In this case, only seven days of meetings had
B
been conducted so far. Thus, invocation of Article 190(4) in the fact
situation of the present case is unavailable. Further, in the case of absence
of member from the House owing to his/her suspension by the House
presupposes that the House itself has restricted the entry of the concerned
member during the meetings and it can be safely regarded as deemed
permission of the House for absence for the relevant period. Similarly, C
the constituency cannot complain about its non-representation in the House
having elected someone who conducts himself/herself inappropriately in
the meetings. In Raja Ram Pal29, similar plea had been negatived.
Concededly, suspended elected representative continues to represent
the constituency from where he/she has been elected for all other purposes
D
except attending the meetings owing to suspension. The argument of
the petitioners is more fixed on the basis of morality approach. That
cannot be countenanced. As a matter of law, the House has inherent
powers to direct suspension of its member for one year period and there
is no express bar or restriction provided for by the Constitution or by
virtue of any statutory provision. In substance, it is urged that the Court E
cannot enquire into the grievances as made, essentially being about the
irregularity of procedure in adopting the impugned resolution by the House.
21. We have heard learned counsel for the petitioners and the
respondent-State. As aforesaid, respondent No.1 has chosen not to
appear despite service. F
Consideration:
22. The moot question is about the maintainability of the challenge
in respect of the stated resolution adopted by the Legislative Assembly.
The scope of interference by the Court has been well-delineated in
successive decisions of the Constitution Bench of this Court. This Court G
has consistently expounded that the judicial scrutiny regarding exercise
of legislative privileges (including power to punish for contempt of the
28
Out of total 98-100 days in a year in three Sessions, namely, Budget, Monsoon and
Winter altogether.
29
supra at Footnote No.14
H
790 SUPREME COURT REPORTS [2022] 18 S.C.R.

A House) is constricted and cannot be stricto sensu on the touchstone of
judicial review as generally understood in other situations. In that, there
is complete immunity from judicial review in matters of irregularity of
procedure. The Constitution Bench of this Court in Raja Ram Pal30
delineated the principles on the basis of catena of decisions noted in the
said decision as follows:
B
“Summary of the principles relating to parameters of judicial
review in relation to exercise of parliamentary provisions
431. We may summarise the principles that can be culled out
from the above discussion. They are:
C (a) Parliament is a coordinate organ and its views do deserve
deference even while its acts are amenable to judicial scrutiny;
(b) The constitutional system of government abhors absolutism
and it being the cardinal principle of our Constitution that no
one, howsoever lofty, can claim to be the sole judge of the
D power given under the Constitution, mere coordinate
constitutional status, or even the status of an exalted
constitutional functionaries, does not disentitle this Court from
exercising its jurisdiction of judicial review of actions which
partake the character of judicial or quasi-judicial decision;
E (c) The expediency and necessity of exercise of power or
privilege by the legislature are for the determination of the
legislative authority and not for determination by the courts;
(d) The judicial review of the manner of exercise of power of
contempt or privilege does not mean the said jurisdiction is
F being usurped by the judicature;
(e) Having regard to the importance of the functions discharged
by the legislature under the Constitution and the majesty and
grandeur of its task, there would always be an initial presumption
that the powers, privileges, etc. have been regularly and
G reasonably exercised, not violating the law or the constitutional
provisions, this presumption being a rebuttable one;
(f) The fact that Parliament is an august body of
coordinate constitutional position does not mean that

30
H supra at Footnote No.14
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 791
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

there can be no judicially manageable standards to A
review exercise of its power;
(g) While the area of powers, privileges and immunities
of the legislature being exceptional and extraordinary
its acts, particularly relating to exercise thereof, ought
not to be tested on the traditional parameters of judicial B
review in the same manner as an ordinary administrative
action would be tested, and the Court would confine itself
to the acknowledged parameters of judicial review and
within the judicially discoverable and manageable
standards, there is no foundation to the plea that a
legislative body cannot be attributed jurisdictional error; C

(h) The judicature is not prevented from scrutinising the validity
of the action of the legislature trespassing on the fundamental
rights conferred on the citizens;
(i) The broad contention that the exercise of privileges by D
legislatures cannot be decided against the touchstone of
fundamental rights or the constitutional provisions is not correct;
(j) If a citizen, whether a non-Member or a Member of the
legislature, complains that his fundamental rights under Article
20 or 21 had been contravened, it is the duty of this Court to E
examine the merits of the said contention, especially when the
impugned action entails civil consequences;
(k) There is no basis to the claim of bar of exclusive cognizance
or absolute immunity to the parliamentary proceedings in Article
105(3) of the Constitution; F
(l) The manner of enforcement of privilege by the legislature
can result in judicial scrutiny, though subject to the restrictions
contained in the other constitutional provisions, for example
Article 122 or 212;
(m) Article 122(1) and Article 212(1) displace the broad doctrine G
of exclusive cognizance of the legislature in England of
exclusive cognizance of internal proceedings of the House
rendering irrelevant the case-law that emanated from courts
in that jurisdiction; inasmuch as the same has no application to
the system of governance provided by the Constitution of India;
H
792 SUPREME COURT REPORTS [2022] 18 S.C.R.

A (n) Article 122(1) and Article 212(1) prohibit the validity of
any proceedings in legislature from being called in question in
a court merely on the ground of irregularity of procedure;
(o) The truth or correctness of the material will not be
questioned by the court nor will it go into the adequacy of the
B material or substitute its opinion for that of the legislature;
(p) Ordinarily, the legislature, as a body, cannot be accused of
having acted for an extraneous purpose or being actuated by
caprice or mala fide intention, and the court will not lightly
presume abuse or misuse, giving allowance for the fact that
C the legislature is the best judge of such matters, but if in a
given case, the allegations to such effect are made, the court
may examine the validity of the said contention, the onus on
the person alleging being extremely heavy;
(q) The rules which the legislature has to make for regulating
D its procedure and the conduct of its business have to be subject
to the provisions of the Constitution;
(r) Mere availability of the Rules of Procedure and Conduct
of Business, as made by the legislature in exercise of enabling
powers under the Constitution, is never a guarantee that they
E have been duly followed;
(s) The proceedings which may be tainted on account of
substantive or gross illegality or unconstitutionality are
not protected from judicial scrutiny;
(t) Even if some of the material on which the action is taken is
F found to be irrelevant, the court would still not interfere so long
as there is some relevant material sustaining the action;
(u) An ouster clause attaching finality to a determination
does ordinarily oust the power of the court to review
the decision but not on grounds of lack of jurisdiction or
G it being a nullity for some reason such as gross illegality,
irrationality, violation of constitutional mandate, mala
fides, non-compliance with rules of natural justice and
perversity.”
(emphasis supplied)
H
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 793
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

23. These principles have been restated by the subsequent A
Constitution Bench in Amarinder Singh31, in paragraphs 53 and 54.
Further, it would be useful to advert to the observations in paragraphs 87
and 88 of the same decision in the context of the concerns about the
intrusion into the powers of the Legislature. The same reads thus:
“Concerns about intrusion into the executive and judicial B
domain
87. The doctrine of separation of powers is an inseparable
part of the evolution of parliamentary democracy itself.
Renowned French philosopher Montesquieu had drawn the
attention of political theorists to the dangers inherent in the C
concentration of legislative, executive and judicial powers in one
authority and stressed on the necessity of checks and balances in
constitutional governance. Our institutions of governance have
been intentionally founded on the principle of separation of
powers and the Constitution does not give unfettered
power to any organ. All the three principal organs are D
expected to work in harmony and in consonance with the
spirit and essence of the Constitution. It is clear that a
legislative body is not entrusted with the power of
adjudicating a case once an appropriate forum is in
existence under the constitutional scheme. E
88. It would be pertinent to cite the following observations made
by M.H. Beg, J. (as His Lordship then was) in Indira Nehru
Gandhi v. Raj Narain32: (SCC p. 149, para 392)
“392. … One of these basic principles seems to me to
be that, just as courts are not constitutionally competent F
to legislate under the guise of interpretation, so also
neither our Parliament nor any State Legislature, in the
purported exercise of any kind of law-making power,
perform an essentially judicial function by virtually
withdrawing a particular case, pending in any court, and G
taking upon itself the duty to decide it by an application
of law or its own standards to the facts of that case. This
power must at least be first constitutionally taken away from
31
supra at Footnote No.15
32
1975 Supp SCC 1 H
794 SUPREME COURT REPORTS [2022] 18 S.C.R.

A the court concerned and vested in another authority before it
can be lawfully exercised by that other authority. It is not a
necessary or even a natural incident of a ‘constituent power’.
As Hans Kelsen points out, in his ‘General Theory of Law
and the State’ (see p. 143), while creation and annulment of
all general norms, whether basic or not so basic, is essentially
B
a legislative function, their interpretation and application to
findings reached, after a correct ascertainment of facts involved
in an individual case, by employing the judicial technique, is
really a judicial function. Neither of the three
constitutionally separate organs of State can, according
C to the basic scheme of our Constitution today, leap
outside the boundaries of its own constitutionally
assigned sphere or orbit of authority into that of the
other. This is the logical meaning of the principle of
supremacy of the Constitution.””
D (emphasis supplied)
24. To the same end, dictum of the Constitution Bench in Sub-
Committee on Judicial Accountability vs. Union of India & Ors.33
may be apposite. In paragraph 61 of the reported decision, the Court
observed thus:
E “61. But where, as in this country and unlike in England, there is
a written Constitution which constitutes the fundamental and in
that sense a “higher law” and acts as a limitation upon the
legislature and other organs of the State as grantees under the
Constitution, the usual incidents of parliamentary sovereignty
F do not obtain and the concept is one of ‘limited
government’. Judicial review is, indeed, an incident of and
flows from this concept of the fundamental and the higher
law being the touchstone of the limits of the powers of the
various organs of the State which derive power and authority
under the Constitution and that the judicial wing is the
G interpreter of the Constitution and, therefore, of the limits
of authority of the different organs of the State. It is to be
noted that the British Parliament with the Crown is supreme and

33
H (1991) 4 SCC 699 (5-Judge Bench)
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 795
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

its powers are unlimited and courts have no power of judicial A
review of legislation.”
(emphasis supplied)
The Court then noted that this doctrine is in one sense the doctrine
of ultra vires in the constitutional law and in a federal set up, the judiciary
becomes the guardian of the Constitution. It enunciated that the rule in B
Bradlaugh vs. Gossett34 was inapplicable to proceedings of colonial
legislature governed by the written Constitution. In paragraph 66, the
Court expounded as follows:
“66. The principles in Bradlaugh35 is that even a statutory right if
it related to the sphere where Parliament and not the courts had C
exclusive jurisdiction would be a matter of the Parliament’s own
concern. But the principle cannot be extended where the
matter is not merely one of procedure but of substantive
law concerning matters beyond the parliamentary
procedure. Even in matters of procedure the constitutional D
provisions are binding as the legislations are enforceable.
Of the interpretation of the Constitution and as to what law is
the courts have the constitutional duty to say what the law
is. The question whether the motion has lapsed is a matter to be
pronounced upon the basis of the provisions of the Constitution
and the relevant laws. Indeed, the learned Attorney General E
submitted that the question whether as an interpretation of the
constitutional processes and laws, such a motion lapses or not is
exclusively for the courts to decide.”
(emphasis supplied)
F
25. In the Indian context, the power of the Legislature is not
absolute, as noted by the Constitution Bench in Raja Ram Pal36 in
paragraph 398. The same reads thus:
“398. We are of the view that the manner of exercise of the
power or privilege by Parliament is immune from judicial scrutiny
G
only to the extent indicated in Article 122(1), that is to say the
court will decline to interfere if the grievance brought before it is

34
(1884) 12 QBD 271: 50 LT 620
35
supra at Footnote No.34
36
supra at Footnote No.14 H
796 SUPREME COURT REPORTS [2022] 18 S.C.R.

A restricted to allegations of “irregularity of procedure”. But in case
gross illegality or violation of constitutional provisions is
shown, the judicial review will not be inhibited in any manner
by Article 122, or for that matter by Article 105. If one was
to accept what was alleged while rescinding the resolution of
expulsion by the Seventh Lok Sabha with the conclusion that it
B
was “inconsistent with and violative of the well-accepted principles
of the law of parliamentary privilege and the basic safeguards
assured to all enshrined in the Constitution”, it would be a
partisan action in the name of exercise of privilege. We are
not going into this issue but citing the incident as an illustration.”
C (emphasis supplied)
After having said as above, the Court proceeded to examine the
extent of circumspection to be observed by the courts. That had been
exposited in following words:

D “414. In State of Rajasthan v. Union of India37 while dealing
with the issues arising out of communication by the then Union
Home Minister to the nine States asking them to advise their
respective Governors to observe the Legislative Assemblies and
therefore seek mandate from the people, this Court observed in
para 40 as under: (SCC p. 616)
E
“40. This Court has never abandoned its constitutional
function as the final judge of constitutionality of all acts
purported to be done under the authority of the
Constitution. It has not refused to determine questions either
of fact or of law so long as it has found itself possessed of
F power to do it and the cause of justice to be capable of being
vindicated by its actions. But, it cannot assume unto itself
powers the Constitution lodges elsewhere or undertake
tasks entrusted by the Constitution to other departments
of State which may be better equipped to perform them.
G The scrupulously discharged duties of all guardians of the
Constitution include the duty not to transgress the limitations
of their own constitutionally circumscribed powers by
trespassing into what is properly the domain of other
constitutional organs. Questions of political wisdom or
37
H (1977) 3 SCC 592 : AIR 1977 SC 1361
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 797
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

executive policy only could not be subjected to judicial control. A
No doubt executive policy must also be subordinated to
constitutionally sanctioned purposes. It has its sphere and
limitations. But, so long as it operates within that sphere, its
operations are immune from judicial interference. This is also
a part of the doctrine of a rough separation of powers under
B
the supremacy of the Constitution repeatedly propounded by
this Court and to which the Court unswervingly adheres even
when its views differ or change on the correct interpretation
of a particular constitutional provision.”
(emphasis supplied)
C
415. We reaffirm the said resolve and find no reason why in
the facts and circumstances at hand this Court should take
a different view so as to abandon its constitutional functions
as the final judge of constitutionality of all acts purported
to be done under the authority of the Constitution, though
at the same time refraining from transgressing into the D
sphere that is properly the domain of Parliament.
416. Learned Additional Solicitor General submits that in U.P.
Assembly case (Special Reference No. 1 of 1964)38 the Court
had placed reliance on Articles 208 and 212 which contemplate
that rules can be framed by the legislature subject to the E
provisions of the Constitution which in turn implies that
such rules are compliant with the fundamental rights
guaranteed by Part III. He submits that if the rules framed
under Article 118 (which corresponds to Article 208) are
consistent with Part III of the Constitution then the exercise F
of powers, privileges and immunities is bound to be a fair
exercise and Parliament can be safely attributed such an
intention.
417. While it is true that there is no challenge to the Rules of
Procedure and Conduct of Business in Lok Sabha and the Rules G
of Procedure and Conduct of Business in the Council of States,
as made by the two Houses of Parliament in exercise of enabling
powers under Article 118(1), we are of the opinion that mere
availability of rules is never a guarantee that they have
38
supra at Footnote No.12 H
798 SUPREME COURT REPORTS [2022] 18 S.C.R.

A been duly followed. What we are concerned with, given the
limits prescribed in Article 122(1), is not “irregularity of procedure”
but illegalities or unconstitutionalities.”
(emphasis supplied in bolds)
26. From the exposition in these successive Constitution Bench
B decisions referred to above, it is not possible to countenance the
submission of the learned counsel for the respondent-State that the enquiry
must be limited to one of the parameters specified in Raja Ram Pal39
and, in this case, only clause (s) – “The proceedings which may be
tainted on account of substantive or gross illegality or unconstitutionality
C are not protected from judicial scrutiny”. On the other hand, we lean in
favour of taking the view that each of the parameters is significant and
permissible area of judicial review in relation to exercise of parliamentary
privileges including clauses (f), (g), (s) and (u). In one sense, clause (u)
is a comprehensive parameter articulated by the Constitution Bench in
Raja Ram Pal40, as it predicates that “an ouster clause attaching finality
D to a determination does ordinarily oust the power of the court to review
the decision but not on grounds of lack of jurisdiction or it being a nullity
for some reason such as gross illegality, irrationality, violation of
constitutional mandate, mala fides, non-compliance with rules of natural
justice and perversity”.
E 27. The Constitution, by itself, does not specify the limitation on
the privileges of the Legislature, but, indubitably, those privileges are
subject to the provisions of the Constitution (as is predicated in the opening
part of Article 194(1) as also in Article 208(1) requiring the House of the
Legislature to make rules for regulating its procedure), which ought to
F include the rights guaranteed to the citizens under Part III of the
Constitution. The moment it is demonstrated that it is a case of infraction
of any of the rights under Para III of the Constitution including ascribable
to Articles 14 and 21 of the Constitution, the exercise of power by the
Legislature would be rendered unconstitutional. For attracting Articles
14 and 21 of the Constitution, it is open to the petitioner to demonstrate
G that the action of the Legislature is manifestly arbitrary. The arbitrariness
can be attributed to different aspects. Applying that test, it could be a
case of irrationality of the resolution/decision of the House. Indeed, in

39
supra at Footnote No.14
40
H supra at Footnote No.14
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 799
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

this case, the Court is not called upon to enquire into the proportionality A
of such a resolution/decision.
28. There is marked distinction between the expression “rational”
and “proportional”. The expression “proportion” is derived from a latin
word “proportio” or “proportionalis”. It means corresponding in size
or amount to something else. To wit, the punishment should be proportional B
to the crime — whereas, expression “rational” is derived from a latin
word “ratio” or “rationalis”. It means action is based on or in
accordance with the reason or logic or so to say sensible or logical. The
rationality of action can be tested, both on the ground of power inhering
in the Legislature and the exercise of that power.
C
29. Keeping the stated principles in mind, we must proceed to
analyse the grounds of challenge in these petitions. The foremost ground
is that it is imperative for the House to adhere to the procedure prescribed
in the Rules framed by the House under Article 208 of the Constitution.
30. The Constitution Bench of this Court in M.S.M. Sharma41 D
had occasion to deal with the efficacy of the rules so framed under
Article 208 of the Constitution. In paragraph 2942, the Court noted that
Article 194(3) read with rules framed under Article 208 had laid down

41
supra at Footnote No.11
42
(29) Seeing that the present proceedings have been initiated on a petition under Art. E
32 of the Constitution and as the petitioner may not be entitled, for reasons stated
above, to avail himself of Art. 19(1)(a) to support this application, learned advocate
for the petitioner falls back upon Art. 21 and contends that the proceedings before the
Committee of Privileges threaten to deprive him of personal liberty otherwise than in
accordance with procedure established by law. The Legislative Assembly claims that
under Art. 194(3) it has all the powers, privileges and immunities enjoyed by the
British House of Commons at the commencement of our Constitution. If it has those F
powers, privileges and immunities, then it can certainly enforce the same, as the House
of Commons can do. Article 194(3) confers on the Legislative Assembly those
powers, privileges and immunities and Art. 208 confers power on it to frame
rules. The Bihar Legislative Assembly has framed rules in exercise of its powers
under that Article. It follows, therefore, that Art. 194(3) read with the rules so
framed has laid down the procedure for enforcing its powers, privileges and
G
immunities. If, therefore, the Legislative Assembly has the powers, privileges
and immunities of the House of Commons and if the petitioner is eventually
deprived of his personal liberty as a result of the proceedings before the Committee
of Privileges, such deprivation will be in accordance with procedure established
by law and the petitioner cannot complain of the breach, actual or threatened, of
his Fundamental Right under Art. 21.
(emphasis supplied) H
800 SUPREME COURT REPORTS [2022] 18 S.C.R.

A the procedure for enforcing its powers, privileges and immunities. Further,
the Legislative Assembly has the powers, privileges and immunities of
the House of Commons and if the petitioner is deprived of his personal
liberty as a result of the proceedings before the Committee of Privileges,
such deprivation will be in accordance with procedure established by
law and the petitioner cannot complain of the breach, actual or threatened,
B
of his fundamental right under Article 21. This dictum presupposes that
action taken under the rules framed under Article 208 of the Constitution
and in conformity therewith is compliance of the procedure established
by law for the purpose of Article 21 of the Constitution.
31. In Ratilal Bhanji Mithani vs. Asstt. Collector of Customs,
C Bombay & Anr.43, the Constitution Bench restated the aforenoted position
in the following words:
“….. As explained in Pandit Sharma’s case44, these powers
and the procedure prescribed by the rules has the sanction
of enacted law and an order of committal for contempt of
D the Assembly is according to procedure established by law.
Das, C.J., speaking for four learned Judges said at page 861:
“Art. 194(3) confers on the Legislative Assembly those powers,
privileges and immunities and Art. 208 confers power on it to
frame rules. The Bihar Legislative Assembly has framed rules in
E exercise of its powers under that Article. It follows, therefore,
that Art. 194(3) read with the rules so framed has laid down the
procedure for enforcing its powers, privileges and immunities. If,
therefore, the Legislative Assembly has the powers, privileges
and immunities of the House of Commons and if the petitioner is
eventually deprived of his personal liberty as a result of the
F proceedings before the Committee of Privileges, such deprivation
will be in accordance with procedure established by law and the
petitioner cannot complain of the breach, actual or threatened, of
his fundamental right under Art. 21.” Subba Rao, J. in his minority
judgment in that case and the Court in Special Reference No. 1
G of 196445 did not say anything to the contrary on this point.”
(emphasis supplied)

43
(1967) 3 SCR 926 (at p. 929)
44
supra at Footnote No.11
45
H supra at Footnote No.12
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 801
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

32. It is settled law that even rules made to exercise the powers A
and privileges of State Legislature constitute law within the meaning of
Article 13. This is exposited in Special Reference No.1 of 196446. It is
held that when the State Legislatures purport to exercise this power,
they will undoubtedly be acting under Article 246 read with Entry 39 of
List II. The enactment of such a law will, therefore, have to be treated
B
as a law within the meaning of Article 13.
33. In the backdrop of these observations, the plea taken by the
State that the rules are neither statutory rules nor binding on the House
will be of no avail. Indeed, the Constitution Bench of this Court in Sub-
Committee on Judicial Accountability47 in paragraph 94 noted as
follows: C

“94. Second view is to be preferred. It enables the entire process
of removal being regulated by a law of Parliament — ensures
uniformity and reduces chances of arbitrariness. Article 118 is a
general provision conferring on each House of Parliament
the power to make its own rules of procedure. These rules D
are not binding on the House and can be altered by the
House at any time. A breach of such rules amounts to an
irregularity and is not subject to judicial review in view of
Article 122.”
(emphasis supplied) E

These observations have been noted while deliberating over the
legal question as to whether the law made by the Parliament in the
matter of removal of a judge of the High Court ought to prevail over the
Rules framed by the House under Article 118 (corresponding to Article
208, applicable to State Legislative Assembly). This Court held that the F
parliamentary law is of higher quality and efficacy than the Rules under
Article 118. This, however, had not whittled down the legal exposition
that the Rules framed by the Legislative Assembly under Article 208 of
the Constitution is the procedure established by law for the purpose of
Article 21 of the Constitution. G
34. Be that as it may, it is well-settled that the rules so framed can
be altered by the House at any time. Until the rules are altered, however,
the House is ordinarily guided by the procedure prescribed in the rules
46
supra at Footnote No.12
47
supra at Footnote No.33 H
802 SUPREME COURT REPORTS [2022] 18 S.C.R.

A framed under Article 208 of the Constitution. At the same time,
proceedings inside the Legislature cannot be called into question on the
ground that the same have not been carried on in accordance with the
rules of business as restated in Kihota Hollohon48. It is, however, enough
for the present to observe that the rules framed under Article 208 acquire
the status of procedure established by law for the purpose of Article 21
B
of the Constitution as noticed in M.S.M. Sharma49. This observation
has been quoted with approval by another Constitution Bench again in
Raja Ram Pal50, inter alia, in paragraphs 53, 167, 338, 416 and 417.
35. Viewed thus, even though the Legislature has the prerogative
to deviate from the rules including to alter the rules; until then, and even
C otherwise, it is expected to adhere to the “express substantive stipulation”
(which is not mere procedure) in the rules framed under Article 208 of
the Constitution and the principle underlying therein, being procedure
established by law.
36. As aforesaid, the dispensation prescribed under the Rules to
D exercise power to order withdrawal of member (suspension) is ascribable
to Rule 53 of the Rules which reads thus:
“53. Power to order withdrawal of member.— The Speaker
may direct any member who refuses to obey his decision, or whose
conduct is, in his opinion, grossly disorderly, to withdraw
E immediately from the Assembly and any member so ordered to
withdraw shall do so forthwith and shall absent himself during the
remainder of the day’s meeting. If any member is ordered to
withdraw a second time in the same Session, the Speaker
may direct the member to absent himself from the meetings of
F the Assembly for any period not longer than the remainder
of the Session, and the member so directed shall absent himself
accordingly. The member so directed to be absent shall, during
the period of such absence, be deemed to be absent with the
permission of the Assembly within the meaning of clause (4) of
Article 190 of the Constitution.”
G
(emphasis supplied)

48
supra at Footnote No.25 (para 42)
49
supra at Footnote No.11
50
H supra at Footnote No.14
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 803
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

This Rule not only speaks about the procedure to be adopted for A
passing the drastic order of withdrawal of a member from the House
but also about the substantive disciplinary or the rationality of the self-
security measure to be taken in a graded (objective standard) manner.
The non-compliance of or deviation from the former (procedure) may
be non-justiciable. However, in regard to the substantive disciplinary or
B
the rationality of the self-security measure inflicted upon the erring
member, is open to judicial review on the touchstone of being
unconstitutional, grossly illegal and irrational or arbitrary.
37. In terms of above Rule, the power is exercised by the Speaker
being a quasi-judicial order directing the member to withdraw from the
meetings of the Assembly. The Speaker is expected to exercise this C
power only in case of conduct of the member being “grossly disorderly”
and in a graded objective manner. The raison d’etre is to ensure that
the business of the House on the given day or the ongoing Session, as
the case may be, can be carried on in an orderly manner and without
any disruption owing to misconduct of one or more members. The D
expression used in the stated Rule is “grossly disorderly”.
38. The expression “grossly disorderly” has not been defined in
the Rules. The meaning of expression “gross” as given in the Black’s
Law Dictionary51 reads thus:
“gross, adj. (14c) 1. Conspicuous by reason of size or other E
attention-getting qualities; esp., obvious by reason of magnitude
<a gross Corinthian column>. 2. Undiminished by deduction; entire
<gross profits>. 3. Not specific or detailed; general <a gross
estimate>. 4. Coarse in meaning or sense <gross slang>. 5.
Repulsive in behavior or appearance; sickening <a gross fellow F
with gross habits>. 6. Beyond all reasonable measure; flagrant
<a gross injustice>.”
“Grossly”, is an adverb and indicative of relatively higher degree
of misconduct or so to say extremely wrong and deviant.
39. The expression “disorder” as defined in Black’s Law G
Dictionary52 is as follows:
“disorder. (1877) 1. A lack of proper arrangement <disorder of
the files>. 2. An irregularity <a disorder in the proceedings>. 3. A
51
11th Edition
52
11th Edition H
804 SUPREME COURT REPORTS [2022] 18 S.C.R.

A public disturbance; a riot. See CIVIL DISORDER. 4. A
disturbance in mental or physical health <an emotional disorder>
<a liver disorder>.”
The expression “disorderly” as defined in Black’s Law Dictionary53
is as follows:
B “Disorderly. Contrary to the rules of good order and behavior;
violative of the public peace or good order; turbulent, riotous, or
indecent.”
In the Concise Oxford Dictionary54, the expression “disorderly”
has been defined thus:
C
“disorderly adj. 1 untidy; confused. 2 irregular; unruly; riotous. 3
Law contrary to public order or morality.”
The expression “disorderly conduct” as defined in Black’s Law
Dictionary55 is as follows:
D “disorderly conduct. See CONDUCT
Conduct, n. (15c) Personal behavior, whether by action or
inaction, verbal or nonverbal; the manner in which a person
behaves; collectively, a person’s deeds. · Conduct does not include
the actor’s natural death or a death that results from behavior
E consciously engaged in but not reasonably expected to have this
result. — conduct, vb.”
40. Taking the totality of the meaning of expressions “grossly”
and “disorderly”, it must follow that the conduct of the member is such
that it was impeding the smooth or orderly functioning of the House, and
F may also be of such a nature that it is likely to bring disrepute to the
House. It may involve varied situations and, therefore, implied exercise
of rational corrective mechanism is quintessential. The action of
suspension or directing withdrawal of a member from the meetings of
the Assembly is in the nature of self-security and is essentially directed
to ensure that the House can then protect itself against obstruction, or
G disturbance of its ongoing proceedings owing to the misconduct of any
of its members. That power is different from the privilege to inflict
punishment on a member, which may require higher degree of deprivation
53
6th Edition
54
8th Edition
55
H 11th Edition
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 805
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

of the member over and above participating in the proceedings of the A
House during the Session. In a given case, it can be in the form of
expulsion being the highest degree of exclusion of the member from the
House. Yet another would be penal, in case of ordering imprisonment
owing to act of contempt of the House. We shall elaborate on this aspect
a little later while dealing with the challenge on the ground of impugned
B
resolution being grossly irrational.
41. Suffice it to observe that Rule 53 of the Rules provides for a
graded (rational and objective standard) approach to be adopted by the
Speaker for ensuring orderly conduct of the business of the House. In
the present case, however, the Minister for Parliamentary Affairs
introduced a motion in the House for initiating action for contempt of the C
House, which the Chairman allowed it to be put to vote instantly at 14:40
hours on the same day and it was passed by the House by majority in no
time. Indeed, if it is a case of grossly disorderly behaviour in the House,
the Speaker/Chairman himself is free to take instantaneous decision to
order withdrawal of the member from the meetings of the Assembly D
during the remainder of the day’s meeting and if it is a case of repeat
misconduct in the same Session — for the remainder of the Session.
42. Concededly, there is nothing in the constitutional scheme or
the rules framed under Article 208 to prevent a member of the House to
move a motion for directing withdrawal of a member on the ground of E
his grossly disorderly conduct. Further, if the Speaker can suo motu
direct the member to withdraw from the Assembly on the same day
instantly to secure smooth functioning of the proceedings, for the same
logic, even the House could pass a resolution itself on a motion being
moved by a member of the House instantly with the concurrence of the
Speaker on such a motion. F

43. In the present case, the Chairman entertained the subject
motion and called upon the House to vote thereon, which had the effect
of giving tacit consent if not explicit concurrence to the same. In that
sense, it is not a case of resolution passed by the House (to suspend its
members) as being without jurisdiction. It is a different matter that if the G
Speaker/Chairman was to do so, it could be only under Rule 53 in a
graded manner for the remainder of the day and for repeat misconduct
in the same Session — for the remainder of the Session. That would be
a logical and rational approach consistent with the constitutional tenets.
H
806 SUPREME COURT REPORTS [2022] 18 S.C.R.

A 44. If the House takes upon itself to discipline its members, it is
expected to adopt the same graded (rational and objective standard)
approach on the lines predicated in Rule 53. That would be a case of
rational action taken by the House as per the procedure established by
law. The expression “rational” is defined in Black’s Law Dictionary56 as
follows:
B
“rational, adj. (14c) 1. Endowed with the faculties of cognition
traditionally thought to distinguish humans from the brutes <man
as a rational being>. 2. Based on logic rather than emotion; attained
through clear thinking; not absurd, preposterous, foolish, or fanciful
<a rational conclusion>. 3. (Of a person) able to think clearly and
C sensibly; clear-headed and right-minded <Jones was rational at
the time of the woman’s death>.”
As opposed to a rational decision, it would be a case of irrational
or preposterous approach. The expression “irrational” as defined in
Black’s Law Dictionary57 is as follows:
D
“irrational, adj. (16c) Not guided by reason or by a fair
consideration of the facts <an irrational ruling>. See ARBITRARY.
arbitrary, adj. (15c) 1. Depending on individual discretion; of,
relating to, or involving a determination made without consideration
E of or regard for facts, circumstances, fixed rules, or procedures.
2. (Of a judicial decision) founded on prejudice or preference
rather than on reason or fact.
• This type of decision is often termed arbitrary and capricious.
Cf. CAPRICIOUS. — arbitrariness, n.”
F 45. A priori, if the resolution passed by the House was to provide
for suspension beyond the period prescribed under the stated Rule, it
would be substantively illegal, irrational and unconstitutional. In that, the
graded (rational and objective standard) approach predicated in Rule 53
is the benchmark to be observed by the Speaker to enable him to ensure
smooth working of the House, without any obstruction or impediment
G
and for keeping the recalcitrant member away from the House for a
period maximum upto the remainder of the entire Session.

56
11th Edition
57
H 11th Edition
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 807
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

46. Inflicting suspension for a period “beyond the period necessary” A
than to ensure smooth working/functioning of the House during the
Session “by itself”; and also, as per the underlying objective standard
specified in Rule 53, indubitably, suffer from the vice of being grossly
irrational measure adopted against the erring member and also
substantively illegal and unconstitutional.
B
47. It is a different matter if the House had ended up with
resolution of expulsion of the member, which power in a given situation
it could legitimately exercise, as held in Raja Ram Pal58. That action
would not visit the member with disqualification and also allow him to
get re-elected from the same constituency within the statutory period of
six months from the date of vacation of his seat. However, if it is a case C
of suspension for a period beyond the remainder of the Session, it would
entail in unnecessary (unessential) deprivation. And longer or excessive
deprival would not only be regarded as irrational, but closer to or bordering
on perversity. Resultantly, such an action would be violative of procedure
established by law and also manifestly arbitrary, grossly irrational and D
illegal and violative of Articles 14 and 21 of the Constitution.
48. Be it noted that suspension beyond the remainder period of
the ongoing Session would not only be grossly irrational measure, but
also violative of basic democratic values owing to unessential deprivation
of the member concerned and more importantly, the constituency would E
remain unrepresented in the Assembly. It would also impact the
democratic setup as a whole by permitting the thin majority Government
(coalition Government) of the day to manipulate the numbers of the
Opposition Party in the House in an undemocratic manner. Not only
that, the Opposition will not be able to effectively participate in the
discussion/debate in the House owing to the constant fear of its members F
being suspended for longer period. There would be no purposeful or
meaningful debates but one in terrorem and as per the whims of the
majority. That would not be healthy for the democracy as a whole.
49. It is well-established that fundamental rights are guaranteed
by Part III of the Constitution, out of which Articles 14, 19 and 21 are G
the most frequently invoked to test the validity of the executive as well
as legislative actions when these actions are subjected to judicial scrutiny.
Different Articles in the Constitution under chapter Fundamental Rights
and the Directive Principles in Part IV ought to be read as an integral
58
supra at Footnote No.14 H
808 SUPREME COURT REPORTS [2022] 18 S.C.R.

A and incorporeal whole with possible overlapping with the subject matter
of what is to be protected by its various provisions particularly the
fundamental rights. The sweep of Article 21 is expansive enough to
govern the action of dismembering a member from the House of the
Legislative Assembly in the form of expulsion or be it a case of suspension
by directing withdrawal from the meeting of the Assembly for the
B
remainder of the Session.
50. Be that as it may, it is evident from the impugned resolution
that it has been passed by the majority votes in the House immediately
after it was put to vote by the Chairman. It was in fact introduced as a
motion for initiating action for having committed contempt of the House
C which ordinarily ought to have proceeded under Part XVIII of the Rules
dealing with Privileges. That would have required constitution of a
Committee of Privileges to enquire into the entire matter by giving
opportunity of hearing to the persons concerned. Instead of adopting
that procedure, the House itself chose to direct withdrawal of the
D petitioners from the meetings of the Assembly for a period of one year
— which direction is neither ascribable to the dispensation prescribed in
Part XVIII of the Rules or Rule 53 enabling the Speaker to do so.
51. As aforementioned, it is not a case of procedural irregularity
as such. Whereas, the decision taken by the House in this case, is one of
E substantive illegality in directing suspension beyond the period of
remainder of the Session in which the motion was presented. We say so
because, the period of suspension in excess of the period essential to do
so much less in a graded manner including on principle underlying Rule
53, would be antithesis to rational or objective standard approach for
ensuring orderly functioning of the House during the ongoing Session.
F
52. Reverting to the challenge to the impugned resolution being
grossly irrational. As noticed earlier, Rule 53 provides for a graded
(rational and objective standard) approach. The timeline as specified in
Rule 53 is with a view to address the immediate concern of the House
for ensuring orderly conduct of the business of the House in the given
G Session. This action is implied on the doctrine of necessity. The Speaker
and for that matter, even the House as a whole or by majority, would be
within its power to resort to such a mechanism being rational measure.
Exceeding the stated timeline is a substantive matter and not a procedural
irregularity. It would raise a basic question as to what purpose would be
H served by withdrawing the member from the House for successive
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 809
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

Sessions falling within that period of one year. Indeed, if the conduct of A
the member is gross warranting his removal from the Assembly even
beyond the period of sixty days [Article 190(4)] or six months (Section
151A of the 1951 Act), the House is capable of invoking its inherent
power of expulsion of such a member, which is a greater power.
53. Indubitably, suspension for a day or for the remainder of the B
Session, would be of a lesser degree of exercise of that power. However,
it is not open to contend that the higher degree of power would include
power to suspend the member beyond the period essential to keep him/
her away from the Assembly for ensuring orderly conduct of the business
of the House. As expounded in Amarinder Singh59, the important
consideration for scrutinising the exercise of legislative privileges is C
whether the same is necessary to safeguard the integrity of the legislative
functions. This Court had recognised that the Legislature’s power to
punish for its contempt was not untrammelled. That power of legislative
chamber to punish for its own contempt must coincide with the
Legislature’s interest in protecting the integrity of its function. In other D
words, the suspension of a member must be preferred as a short-term
or a temporary measure for restoring order in the functioning of the
concerned Assembly Session for completing its scheduled business within
time and by way of disciplinary measure against the incorrigible
member(s).
E
54. The word “suspension” is necessarily linked to attendance of
the member in the House. Thus, the suspension may be resorted to
merely for ensuring orderly conduct of the business of the House during
the concerned Session. Anything in excess of that would be irrational
suspension. This is so because the member represents the constituency
from where he has been duly elected and longer suspension would entail F
in deprivation of the constituency to be represented in the House. It is
true that right to vote and be represented is integral to our democratic
process and it is not an absolute right. Indeed, the constituency cannot
have any right to be represented by a disqualified or expelled member.
However, their representative cannot be kept away from the House in G
the guise of suspension beyond the necessary (rational) period linked to
the ongoing Assembly Session, including the timeline referred to in Article
190(4) of the Constitution and Section 151A of the 1951 Act.

59
supra at Footnote No.15 (paras 47 and 66) H
810 SUPREME COURT REPORTS [2022] 18 S.C.R.

A 55. Be that as it may, suspension is essentially a disciplinary
measure. It must follow that suspension for a period of one year would
assume the character of punitive and punishment worse than expulsion.
For, suspension for long period and beyond the Session has the effect of
creating a de facto vacancy though not a de jure vacancy. The argument
of the State that despite suspension from the House, the members would
B
continue to discharge all other functions outside the House as an elected
representative. This plea, in our view, is tenuous. For, the effect of such
suspension is visited not only on the constituency that goes unrepresented
for potentially long and unessential time, but also on the functioning of
the Assembly itself. Apart from a role in bringing to light the special
C needs or difficulties of the constituency, a member also plays a role in
various motions, debates, votes, etc.60. In any case, this plea cannot
whittle down the logic requiring limited action essential for orderly
functioning of the House on the given day or at best, the Session for
completion of its scheduled business for the relevant Session.
D 56. Suffice it to observe that one-year suspension is worse than
“expulsion”, “disqualification” or “resignation” — insofar as the right of
the constituency to be represented before the House/Assembly is
concerned. In that, long suspension is bound to affect the rights harsher
than expulsion wherein a mid-term election is held within the specified
time in terms of Section 151A of the 1951 Act, not later than six months.
E Thus, the impugned resolution is unreasonable, irrational, and arbitrary
and liable to be set aside.
57. Having said this, we may now turn to two decisions of the
Privy Council referred to and discussed by the Constitution Bench in
Raja Ram Pal61, in paragraphs 284 to 293. The same reads thus:
F 60
Some of the functions of the elected representative in the House/Assembly (taken
from the Maharashtra Legislative Assembly Rules) would indicate that the member
would not be able to take part in following matters, if suspended:
(a) Moving of a motion which requires decision by the Assembly, including by Division
(Rules 23, 40, 41); (b) Taking part in a debate on a motion including speeches (Rules
33,34); (c) Asking Questions on Statements made by Ministers (Rule 47); (d) Making
of personal explanations (Rule 48); (e) Questions on matters of public concern from
G Ministers (Rule 68); (f) Short Notice questions for immediate reply on questions of
urgent nature (Rule 86); (g) Private member bills (Rule 111); (h) Discussions on
matters of sufficient public importance (Rule 94); (i) No confidence motions (Rule
95); (j) Adjournment motions (Rule 97); (k) Participation as members of Committees,
including the Committee for consideration of matters of public importance, Business
Advisory Committee, Public Accounts Committee, Committee on Estimates, etc (Part
XV of the Rules).
H 61
supra at Footnote No.14
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 811
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

“284. Finally, in Barton62 it involved the suspension of a Member A
from the Legislative Assembly of New South Wales. The power
of suspension for an indefinite time was held to be unavailable to
the Legislative Assembly as it was said to have trespassed into
the punitive field. The judgment was delivered by the Earl of
Selborne. Referring to Kielley63 and Doyle64 the Court observed:
B
“It results from those authorities that no powers of that kind
are incident to or inherent in a Colonial Legislative Assembly
(without express grant), except ‘such as are necessary to the
existence of such a body, and the proper exercise of the
functions which it is intended to execute’.
C
Powers to suspend toties quoties, sitting after sitting, in
case of repeated offences (and, if may be, till submission or
apology), and also to expel for aggravated or persistent
misconduct, appear to be sufficient to meet even the extreme
case of a Member whose conduct is habitually obstructive
or disorderly. To argue that expulsion is the greater D
power, and suspension the less, and that the greater must
include all degrees of the less, seems to their Lordships
fallacious. The rights of constituents ought not, in a
question of this kind, to be left out of sight. Those rights
would be much more seriously interfered with by an E
unnecessarily prolonged suspension than by expulsion,
after which a new election would immediately be held.”
(emphasis supplied)
285. The Court went on to examine what is necessary and found
that an indefinite suspension could never be considered necessary. F
286. The learned counsel for the petitioners have relied on the
above distinction and submitted that the limited power does not
envisage expulsion and can only be used for ex facie contempts.
287. We are not persuaded to subscribe to the propositions
G
advanced on behalf of the petitioners. Even if we were to accept

62
supra at Footnote No.9
63
Edward Kielley vs. William Carson, (1842) 4 Moore PC 63 : 13 ER 225
64
Thomas William Doyle vs. George Charles Falconer, (1865-67) LR 1 PC 328 : 36
LJPC 33 : 15 WR 366 H
812 SUPREME COURT REPORTS [2022] 18 S.C.R.

A this distinction as applicable to the Indian Parliament, in our opinion,
the power to expel would be available.
288. Firstly, Barton65 which allows only a limited power to
punish for contempt, finds that even though the Legislative
Assembly does not have the power to indefinitely suspend,
B as that was punitive in nature, the Assembly would have
the power to expel, considering expulsion a non-punitive
power. Secondly, the objection that the limited power could
only deal with ex facie contempt, is not tenable.
289. In the above context, reference may be made
C to Harnett v. Crick66. This case involved the suspension of a
Member of the Legislative Assembly of New South Wales until
the verdict of the jury in the pending criminal trial against the
Member had been delivered. The suspension was challenged.
When the matter came up before the Privy Council, the respondents
argued that:
D
“The Legislative Assembly had no inherent power to pass [the
Standing Order]. Its inherent powers were limited to protective
and defensive measures necessary for the proper exercise of
its functions and the conduct of its business. They did not extend
to punitive measures in the absence of express statutory power
E in that behalf, but only to protective measures. … The fact
that a criminal charge is pending against the respondent does
not affect or obstruct the course of business in the Chamber
or relate to its orderly conduct.”
290. This argument was rejected and the House of Lords allowed
F the appeal. Lord MacNaghten, delivering the judgment, initially
observed that:
“… no one would probably contend that the orderly conduct of
the Assembly would be disturbed or affected by the mere fact
that a criminal charge is pending against a Member of the
G House.” (475)
291. But he found that certain peculiar circumstances of the case
deserved to be given weight. The Court went on to hold thus:
65
supra at Footnote No.9
66
Lawrence Joseph Harnett vs. William Patrick Crick, 1908 AC 470 : 78 LJPC 38 : 99
H LT 601 (PC)
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 813
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

“If the House itself has taken the less favourable view A
of the plaintiff’s attitude [an insult and challenge to the
House], and has judged that the occasion justified
temporary suspension, not by way of punishment, but in
self-defence, it seems impossible for the Court to declare
that the House was so wrong in its judgment, and the Standing
B
Order and the resolution founded upon it so foreign to the
purpose contemplated by the Act, that the proceedings must
be declared invalid.”(476)
(emphasis supplied)
292. The above case thus establishes that even if the House C
of legislature has limited powers, such power is not only
restricted to ex facie contempts, but even acts committed
outside the House. It is open to the Assembly to use its
power for “protective” purposes, and the acts that it can
act upon are not only those that are committed in the House,
but upon anything that lowers the dignity of the House. Thus, D
the petitioners’ submission that House only has the power to
remove obstructions during its proceedings cannot be accepted.
293. It is axiomatic to state that expulsion is always in respect of
a Member. At the same time, it needs to be borne in mind that a
Member is part of the House due to which his or her conduct E
always has a direct bearing upon the perception of the House.
Any legislative body must act through its Members and the
connection between the conduct of the Members and the
perception of the House is strong. We, therefore, conclude that
even if Parliament had only the limited remedial power to F
punish for contempt, the power to expel would be well within
the limits of such remedial contempt power.”
(emphasis supplied in bolds)
The two decisions of the Privy Council (Barton67 and Lawrence
Joseph Harnett68) were pressed into service in that case to answer the G
plea that the Legislature has inherent limited remedial power to punish
for contempt by way of suspension of its member and cannot resort to
expulsion of the member. The Constitution Bench noticed that even these
67
supra at Footnote No.9
68
supra at Footnote No.66 H
814 SUPREME COURT REPORTS [2022] 18 S.C.R.

A two decisions of the Privy Council, recognised inherent power of the
Legislature to expel its member and, thus, negatived the plea of the
petitioner in that regard. This Court after analysing the said decisions
concluded that the Legislatures established in India by the Constitution,
including Parliament under Article 105(3), need not be denied the claim
to the power of expulsion arising out of remedial power of contempt.
B
58. What emerges from the stated conclusion is that the
Constitution Bench declared that the inherent power of the Legislature
is not absolute, but limited remedial power to punish for contempt and to
take such measures as are necessary for orderly functioning of the
proceedings of the House.
C
59. The case of Barton69 has been noticed in paragraph 284,
which in turn had dealt with suspension of the member from the Legislative
Assembly of the New South Wales. In that case, the resolution passed
by the House did not mention about the time frame of suspension of the
member. That was challenged by the aggrieved member being irrational
D and unnecessary. That plea was considered by the Privy Council keeping
in mind its earlier decisions in Edward Kielley70 and Thomas William
Doyle71. (These decisions have been adverted to in paragraph 283 by
the Constitution Bench as well). After noticing these decisions, the Privy
Council in Barton72 noted that those authorities had dealt with situation
E that no powers of that kind are incident to or inherent in a Colonial
Legislative Assembly (without express grant), except such as are
necessary to the existence of such a body, and the proper exercise of
the functions which it is intended to execute.
60. It must follow that in absence of any express provision
F bestowing power in the Legislature to suspend its member(s) beyond
the term of the ongoing Session, the inherent power of the Legislature
can be invoked only to the extent necessary and for proper exercise of
the functions of the House at the relevant point of time. No more. For
that purpose, it could resort to protective and self-defensive powers alone
and not punitive at all. This logic is reinforced from the dictum in Barton73
G wherein the Privy Council noted as follows:
69
supra at Footnote No.9
70
supra at Footnote No.63
71
supra at Footnote No.64
72
supra at Footnote No.9
73
H supra at Footnote No.9
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 815
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

“…‘‘If a member of a Colonial House of Assembly is guilty of A
disorderly conduct in the House while sitting, he may be removed
or excluded for a time, or even expelled …. The right to remove
for self-security is one thing, the right to inflict punishment is another
…. If the good sense and conduct of the members of Colonial
Legislatures prove insufficient to secure order and decency of
B
debate, the law would sanction the use of that degree of force
which might be necessary to remove the person excluded from
the place of meeting, and to keep him excluded.””74
61. The Privy Council in the same decision then proceeded to
observe as follows:
C
“… The principle on which the implied power is given
confines it within the limits of what is required by the
assumed necessity. That necessity appears to their
Lordships to extend as far as the whole duration of the
particular meeting or sitting of the Assembly in the course
of which the offence may have been committed. It seems D
to be reasonably necessary that some substantial interval
should be interposed between the suspensory resolution
and the resumption of his place in the Assembly by the
offender, in order to give opportunity for the subsidence of
heat and passion, and for reflection on his own conduct by E
the person suspended; nor would anything less be generally
sufficient for the vindication of the authority and dignity of
the Assembly. …”
(emphasis supplied)
These observations are significant and apposite in the context of F
the issue under consideration. And we must lean in favour of adopting
the same. Inasmuch as this exposition recognises the fact that implied or
inherent power of the Legislature must be reckoned to the extent only to
what is required to be done by the House for effective and orderly
functioning of its business during the ongoing Session and not beyond. G
This is more emphatically expounded by the Privy Council in the following
words:
“The power, therefore, of suspending a member guilty of
obstruction or disorderly conduct during the continuance of any
74
1 L.R, P.C. 340 H
816 SUPREME COURT REPORTS [2022] 18 S.C.R.

A current sitting, is, in their Lordships’ judgment, reasonably
necessary for the proper exercise of the functions of any
Legislative Assembly of this kind; and it may very well be, that
the same doctrine of reasonable necessity would authorize a
suspension until submission or apology by the offending member;
which, if he were refractory, might cause it to be prolonged (not
B
by the arbitrary discretion of the Assembly, but by his own wilful
default) for some further time. …”
Again, it went on to observe as follows:
“… If these are the limits of the inherent or implied power,
C reasonably deducible from the principle of general necessity, they
have the advantage of drawing a simple practical line between
defensive and punitive action on the part of the Assembly. A power
of unconditional suspension, for an indefinite time, or for a
definite time depending only on the irresponsible discretion
of the Assembly itself, is more than the necessity of self-
D defence seems to require, and is dangerously liable, in
possible cases, to excess or abuse. …”
(emphasis supplied)
62. The essence of the analysis done in Barton75 is about the
E logic and rationality behind the need to suspend a member. It
unambiguously held that the same be regarded as temporary by way of
self-protective mechanism of the Legislature to ensure orderly conduct
of its business in the House during the sitting. For that very reason, Rule
53 provides for a graded corrective action, namely, on the first occasion,
the Speaker may suspend the member for the remainder of the day and
F if the misbehaviour is repeated in the same Session — for the remainder
of the Session. The observations in Barton76 would reinforce this logic
of need to adhere to a graded approach, which reads thus:
“ …‘‘Suspension” must be temporary; the words, “suspended from
the service of the House,” may be satisfied by referring them to
G the attendance of the member in the House during that particular
sitting. So much as this is necessary to make the suspension
effective, more is not. …”
(emphasis supplied)
75
supra at Footnote No.9
76
H supra at Footnote No.9
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 817
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

63. In light of this decision, it must follow that only a graded A
approach is the essence of a rational and logical approach; and only
such action of the Legislature which is necessary for orderly conduct of
its scheduled business of the ongoing Session can be regarded as rational
approach. Suspension beyond the Session would be bordering on punishing
not only the member concerned, but also inevitably impact the legitimate
B
rights of the constituency from where the member had been elected.
64. In the case of Lawrence Joseph Harnett77, the question
was about the challenge to the Standing Order which provided as follows:
“Whenever it shall have been ruled or decided (whether before
or after the approval of this Standing Order) that the House may
not proceed on a matter which has been initiated in the House C
affecting the alleged misconduct of a Member, because thereby
the said member may be prejudiced in a criminal trial then pending
on charges founded on such misconduct, the House may suspend
such member from the service of the House until the verdict of
the jury has been returned, or until it is further ordered.” D
This Standing Order was approved by the Governor. In that
context, the Privy Council observed that it seems impossible for the
Court to declare that the House was so wrong in its judgment, and the
Standing Order and the resolution founded upon it so foreign to the purpose
contemplated by the Act, so as to declare the proceedings against the E
member invalid. In other words, the Privy Council was considering a
written Standing Order and its efficacy.
65. In the present case, the House has already adopted the Rules
for conduct of its business and Rule 53 of the Rules expressly provides
for the mechanism regarding suspension of its member. Indubitably, the
source of powers and privileges of Legislatures in India is derived from F
Article 105(3) in case of Parliament and Article 194(3) concerning the
State Legislature. In absence of a law to define such powers and
privileges, as of now, it can only exercise those powers as existed in the
House of Commons of the Parliament of United Kingdom at the
commencement of the Constitution. G
66. In the celebrated treatise of Sir Thomas Erskine May78 dealing
with the Parliamentary privileges, it is noted as follows:
77
supra at Footnote No.66
78
The Law, Privileges Proceedings and Usage of Parliament, Fifteenth (1950) Edition
(See Chapter VII under the heading “Proceedings upon the naming of a Member” at
pages 451-452.) H
818 SUPREME COURT REPORTS [2022] 18 S.C.R.

A “if for a subsequent occasion, in default of an order by the House
that the suspension of the member shall terminate when the House
orders that it shall do so, the suspension shall be for the
remainder of the Session.”
(emphasis supplied)
B He then noted that the first or subsequent occasion would mean
the first or the subsequent occasion in the same session.
67. Further, the position as obtained in United Kingdom at the
relevant time to suspend its members was governed by the House of
Commons Standing Order Relative to Public Business 1948. The relevant
C Standing Order is No. 22 (1 to 4) as reproduced hereunder:
“22. Order in debate.— (1) Whenever a Member shall have been
named by Mr. Speaker or by the chairman, immediately after the
commission of the offence of disregarding the authority of the
chair, or of persistently and willfully obstructing the business of
D the House by abusing the rules of the House, or otherwise, then,
if the offence has been committed by such Member in the House,
Mr. Speaker shall forthwith put the question, on a motion being
made, no amendment, adjournment, or debate being allowed, “That
such Member be suspended from the service of the House”; and
E if the offence has been committed in a committee of the whole
House, the chairman shall forthwith suspend the proceedings of
the committee and report the circumstances to the House; and
Mr. Speaker shall on a motion being made forthwith put the same
question, no amendment, adjournment, or debate being allowed,
as if the offence had been committed in the House itself.
F
(2) If any member be suspended under this order, his suspension
on the first occasion shall continue until the fifth day, and on the
second occasion until the twentieth day, on which the House shall
sit after the day on which he was suspended, but on any subsequent
occasion until the House shall resolve that the suspension of such
G Member do terminate.
(3) Not more than one Member shall be named at the same time,
unless two or more members, present together, have jointly
disregarded the authority of the chair.

H
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 819
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

(4) If a Member, or two or more Members acting jointly, who A
have been suspended under this order from the service of the
House, shall refuse to obey the direction of Mr. Speaker, when
severally summoned under Mr. Speaker’s orders by the Serjeant
at Arms to obey such direction, Mr. Speaker shall call the attention
of the House to the fact that recourse to force is necessary in
B
order to compel obedience to his direction, and the Member or
Members named by him as having refused to obey his direction
shall thereupon and without any further question being put be
suspended from the service of the House during the remainder of
the session.”
On conjoint reading of sub-clause (2) and (4) of the above-cited C
Standing Order No. 22, it is seen that suspension of a member on the
first occasion can be for a period of five days or the remainder of the
session whichever is earlier. Even for the second occasion the period of
suspension is only twenty days or remainder of the Session, whichever
is earlier. On any subsequent occasion the period of suspension shall be D
until the House shall resolve that the suspension of such member do
terminate.
68. The Orissa High Court in Sushanta Kumar Chand79 had
occasion to deal with a case of warrant issued by the Speaker of the
Assembly to detain the contemnor for seven days’ simple imprisonment. E
It was urged that as the unexpired period of sentence was beyond the
term of the Session of the House, the same had lapsed in law. The High
Court answered the challenge in favour of the petitioners after noticing
passage from Sir Thomas Erskine May and Halsbury’s Laws of England.
The Sir Thomas Erskine May’s Parliamentary Practice relied upon in
that decision, expounds thus: F

“Persons committed by the Commons, if not sooner discharged
by the House, are immediately released from their confinement
on a prorogation, whether they have paid the fees or not. If they
were held longer in custody, they would be discharged by the
Courts upon a writ of habeas corpus.” G
And Halsbury’s Law of England relied upon in the same decision
observes thus:

79
supra at Footnote No.10 H
820 SUPREME COURT REPORTS [2022] 18 S.C.R.

A “The Lords claim to have power to commit an offender for a
specified period even beyond the period of a session. This course
was also formerly pursued by the Commons but was later
abandoned; and it would now seem that they no longer have
power to keep offenders in prison beyond the period of
session……………”
B
(emphasis supplied)
The rationale for limiting all remedies for breach of privilege, as a
rule, to a Session in which the House takes action for such breach is the
effect of prorogation. According to Erskine May’s Treatise80, it is stated
C as under:
“The effect of a prorogation is at once to suspend all business
until Parliament shall be summoned again. Not only are the
sittings of Parliament at an end, but all proceedings pending
at the time are quashed, except impeachments by the Commons,
D and appeals before the House of Lords. Every bill must therefore
be renewed after a prorogation, as if it had never been introduced.”
(emphasis supplied)
69. A priori, if the Legislature intended to depart from mechanism
predicated in Rule 53, it ought to have expressly provided for that
E dispensation. If it had done that by a law or in the form of Rules framed
under Article 208 of the Constitution, the legality and constitutionality
thereof could have been tested. Suffice it to note, in absence thereof, it
would inevitably be exercise of power without an express grant in that
regard. In such a case, the exercise of power can only be implied or
F inherent and limited to the logic of general necessity by way of self-
protective or self-defensive action reasonably necessary for proper
exercise of the functions of the House during the ongoing Session.
Anything in excess then for a day or the remainder of the ongoing Session,
would not be necessary much less rational exercise of inherent power
of the Assembly. Even, Rule 53 bestows authority in the Speaker to take
G action against the member only for ensuring orderly functioning of the
House. Same logic must apply to the exercise of inherent limited power
by the House, even if it may not be de facto under Rule 53.

80
H 1950 Edition at page 32 under the heading “Effect of a Prorogation”
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 821
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

70. Be it noted, had it been a case of expulsion of the member by A
the House in terms of Section 151A of the 1951 Act, the Election
Commission would move into action and rather be obliged to take steps
not later than six months to fill in the vacancy so caused subject to the
situation referred to in the proviso therein — so that the constituency
could be duly represented in the House at the earliest opportunity.
B
Concededly, the Legislative Assembly is a conglomeration of members
chosen by direct election from the territorial constituencies in the State
(as per Article 170). That presupposes that all territorial constituencies
must be duly represented in the Assembly in continuum. In any case,
their representation cannot be deprived for longer period than necessary
for the orderly functioning of the House during the Session. For that C
reason, the statutory mandate postulated vide Parliamentary law81 (which
must be regarded as higher law and acts as a limitation upon the
Legislature as well, as expounded in Sub-Committee on Judicial
Accountability82), the constituency cannot be denied representation in
the House beyond a limited period due to fortuitous situation. Moreover,
D
the expelled member would be free to contest the mid-term election and
get re-elected from the same constituency. In that, the member does not
incur any disqualification due to expulsion or even removal by the House.
In case of suspension beyond the period of remainder of the Session or
sixty days or six months, as the case may be, even though is not a case
of disqualification incurred by the member, it would entail in undue E
deprivation of the constituency to be represented in the House by their
duly elected representative. It is, therefore, a drastic measure trenching
upon imposing penalty more than disciplinary or corrective measure,
beyond the limited inherent powers of the House.
71. Learned counsel for the respondents had invited our attention F
to the judgments of the Gujarat High Court wherein it had been held that
the rules framed under Article 208 of the Constitution are neither statutory
nor binding on the Legislative Assembly. Those decisions have not taken
note of the efficacy of the observations made by the Constitution Bench
of this Court in M.S.M. Sharma83 as back as in 1959 — that the rules
framed under Article 208 of the Constitution would have the effect of G
procedure established by law for the purpose of Article 21 of the

81
Section 151A of the 1951 Act
82
supra at Footnote No.33 (para 61)
83
supra at Footnote No.11 H
822 SUPREME COURT REPORTS [2022] 18 S.C.R.

A Constitution and which dictum has been consistently followed in
subsequent decisions including by the Constitution Bench which dealt
with the case of Raja Ram Pal84. Accordingly, the decisions pressed
into service by the respondents cannot take the matter any further. The
respondents have relied upon other decisions including of this Court which,
however, has had no occasion to deal with the legality and efficacy of
B
direction or order issued by the House such as vide impugned resolution
of suspending duly elected members for a period of one year instead of
maximum period of remainder of the same Session. Indeed, the decision
of Madras High Court in V.C. Chandhira Kumar, Member of
Legislative Assembly85 held the resolution of the Assembly reducing
C the original period of one year to six months as valid, however, for the
view that we have taken, the said decision will be of no avail.
72. Resultantly, we have no hesitation in concluding that the
impugned resolution suffers from the vice of being unconstitutional, grossly
illegal and irrational to the extent of period of suspension beyond the
D remainder of the concerned (ongoing) Session. Further, it is not a case
of mere procedural irregularity committed by the Legislature within the
meaning of Article 212(1) of the Constitution.
73. Although learned counsel appearing for the parties had raised
diverse contentions, we need not dilate further having opined that in
E exercise of inherent power of the House, the suspension of the members
could not have, in any case, exceeded the remainder period of the ongoing
Session. The concerned Session having concluded long back in July 2021,
the petitions ought to succeed and could be disposed of with a declaration
that suspension beyond the remainder of the ongoing Session in which
the resolution was passed, is nullity, unconstitutional and grossly illegal
F and irrational. The same cannot be given effect to beyond the remainder
period of the concerned Session and must be regarded as non est in the
eyes of law beyond that period. For that reason, it is unnecessary for us
to dilate on other aspects of the matter. Thus, we do not wish to examine
the same.
G Epilogue:
74. It is unnecessary to underscore that Parliament as well as the
State Legislative Assembly are regarded as sacred places, just as the
84
supra at Footnote No.14
85
H supra at Footnote No.23
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 823
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

Judicature as temple of justice. As a matter of fact, the first place where A
justice is dispensed to the common man is Parliament/Legislative
Assembly albeit by a democratic process. It is a place where policies
and laws are propounded for governing the citizenry. It is here that the
entire range of activities concerning the masses until the last mile, are
discussed and their destinies are shaped. That, in itself, is the process of
B
dispensing justice to the citizens of this country. These are places where
robust and dispassionate debates and discussion inspired by the highest
traditions of truth and righteousness ought to take place for resolving the
burning issues confronting the nation/State and for dispensing justice —
political, social and economic. The happenings in the House is reflection
of the contemporary societal fabric. The behavioural pattern of the society C
is manifested or mirrored in the thought process and actions of the
members of the House during the debates. It is in public domain (through
print, electronic and social media) that the members of the Parliament or
Assembly/Council of the State, spend much of the time in a hostile
atmosphere. The Parliament/Legislative Assembly are becoming more
D
and more intransigent place. The philosophical tenet, one must agree to
disagree is becoming a seldom scene or a rarity during the debates. It
has become common to hear that the House could not complete its usual
scheduled business and most of the time had been spent in jeering and
personal attacks against each other instead of erudite constructive and
educative debates consistent with the highest tradition of the august body. E
This is the popular sentiment gaining ground amongst the common man.
It is disheartening for the observers. They earnestly feel that it is high
time that corrective steps are taken by all concerned and the elected
representatives would do enough to restore the glory and the standard
of intellectual debates of the highest order, as have been chronicled of
F
their predecessors. That legacy should become more prominent than
the rumpus caused very often. Aggression during the debates has no
place in the setting of country governed by the Rule of Law. Even a
complex issue needs to be resolved in a congenial atmosphere by
observing collegiality and showing full respect and deference towards
each other. They ought to ensure optimum utilisation of quality time of G
the House, which is very precious, and is the need of the hour especially
when we the people of India that is Bharat, take credit of being the
oldest civilisation on the planet and also being the world’s largest
democracy (demographically). For becoming world leaders and self-
dependant/reliant, quality of debates in the House ought to be of the
H
824 SUPREME COURT REPORTS [2022] 18 S.C.R.

A highest order and directed towards intrinsic constitutional and native issues
confronting the common man of the nation/States, who are at the
crossroad of semi-sesquicentennial or may we say platinum or diamond
jubilee year on completion of 75 years post-independence. Being House
of respected and honourable members, who are emulated by their ardent
followers and elected from their respective constituency, they are
B
expected to show statesmanship and not brinkmanship. In the House,
their goal is and must be one — so as to ensure the welfare and happiness
of we the people of this nation. In any case, there can be no place for
disorderly conduct in the House much less “grossly disorderly”. Such
conduct must be dealt with sternly for ensuring orderly functioning of
C the House. But, that action must be constitutional, legal, rational and as
per the procedure established by law. This case has thrown up an
occasion for all concerned to ponder over the need to evolve and adhere
to good practices befitting the august body; and appropriately denounce
and discourage proponents of undemocratic activities in the House, by
democratically elected representatives. We say no more.
D
Conclusion:
75. In conclusion, we have no hesitation in allowing these writ
petitions and to declare that the impugned resolution directing suspension
of the petitioners beyond the period of the remainder of the concerned
E Monsoon Session held in July 2021 is non est in the eyes of law, nullity,
unconstitutional, substantively illegal and irrational. The impugned
resolution is, thus, declared to be ineffective in law, insofar as the period
beyond the remainder of the stated Session in which the resolution came
to be passed.

F Order:
76. As a result of the stated declaration, the petitioners are entitled
for all consequential benefits of being members of the Legislative
Assembly, on and after the expiry of the period of the remainder of the
concerned Session in July 2021. The writ petitions are allowed in the
G above terms. No order as to costs.
Postscript:
77. While parting, we need to express a word of appreciation for
the able assistance given by the learned counsel appearing for the
concerned parties enabling us to deal with the complex issues on hand.
H
ASHISH SHELAR & ORS. v. THE MAHARASHTRA LEGISLATIVE 825
ASSEMBLY & ANR. [A. M. KHANWILKAR, J.]

That they did despite the handicaps and uncertainty of online interaction A
in virtual Court hearing.
Pending application(s), if any, stands disposed of.

Nidhi Jain and Amarendra Kumar Writ petitions allowed.
(Assisted by : Bodhe Ramteke, LCRA) B

C

D

E

F

G

H