Parliament Is Sole Judge Of Lawfulness Of Proceedings Before It, Mahua Moitra's Actions Raise Concerns About National Security And Dignity Of Parliament: Lok Sabha Secretariat Tells SC
The Lok Sabha Secretariat has told the Supreme Court that Trinamool Congress (TMC) MP Mahua Moitra’s plea challenging her expulsion from the Lok Sabha is "not maintainable," as the House of the People is the sole judge of the lawfulness of Parliamentary proceedings before it.
“As such, proceedings of the Parliament (and its constituents) cannot be called into question alleging any irregularity of procedure, and the House of the People is the sole judge of the lawfulness of proceedings before it,” it said.
The Supreme Court is seized of Moitra's plea challenging her expulsion from the Lok Sabha, after the House adopted the report of its ethics committee that held her guilty of accepting gifts and illegal gratification from a businessman to further his interest.
In the Counter-Affidavit, the Lok Sabha Secretariat also stated, “The present writ petition is not maintainable in light of Article 105 and Article 122 of the Constitution of India. The present petition does not satisfy the threshold of judicial review of legislative action that is permissible under the scheme of the Constitution of India."
It further stated that Article 122 envisages a framework wherein the Parliament is allowed to exercise its internal functions and powers without judicial intervention in the first instance, as the Parliament is sovereign in respect of its internal proceedings. "There is also an initial presumption that such powers have been regularly and reasonably exercised, not violating the law or the Constitutional provisions, and courts will not lightly presume abuse or misuse thereof," it added.
The Lok Sabha Secretariat also stated that sharing credentials to the login portal can be susceptible to potential national security hazards and can, not only render the system of the Lok Sabha to cyberattacks and potentially disable the system, but can also potentially cripple the functioning of the Parliament of India. "These are valid concerns of national security as well as the dignity and independence of Parliamentary functioning," it added.
The Affidavit stated that the decision arrived at by the Parliament as a sovereign organ under the Constitution after following the internal procedure cannot be tested on the basis of the doctrine of proportionality, as any such exercise will be contrary to the doctrine of separation of powers, which is a basic feature of the Constitution of India.
"Thus, the contention of the Petitioner that the decision of expulsion was disproportionate and against the fundamental notions of justice is not assailable before this Hon’ble Court, and in any case, the proportionality of the decisions of the Parliament, and the facts relied upon, cannot be reappreciated as a court of appeal," it reads
Moitra's plea was listed before the Bench of Justice Sanjiv Khanna and Justice Dipankar Datta on March 11, and they have further scheduled the matter for hearing on May 6.
The Court had previously observed that several issues and contentions have been raised, one of which arises is about the jurisdiction of courts and the power of judicial review. Senior Advocate Dr. Abhishek Manu Singhvi relied upon the decision of this Court in Raja Ram Pal v. Hon’ble Speaker, Lok Sabha and Others.
Solicitor General (SG) Tushar Mehta represented Lok Sabha and had requested the Court not to interfere in the internal matter of disciplinary issues, as such issues are not amenable to judicial review, hence the plea is not maintainable.
Earlier, the Writ Petition was mentioned before the Bench led by the Chief Justice of India D Y Chandrachud, urgently seeking a hearing. The CJI had assured the Counsel for Moitra that he would take a call on the urgent listing of her plea challenging her expulsion from the Lok Sabha.
The TMC leader approached the Apex Court against her expulsion after the Lower House of Parliament adopted a report by its ethics committee that held her guilty of accepting gifts and illegal gratification from a businessman. The ethics committee found Moitra guilty of "unethical conduct" and contempt of the House as she allegedly shared her Lok Sabha members' portal credentials: user ID and password with unauthorised persons.
The committee had also recommended that given the "highly objectionable, unethical, heinous and criminal conduct" of Moitra, an intense, legal and institutional inquiry be initiated by the government in a time-bound manner.
Reacting sharply to her expulsion, Moitra had equated the action with hanging by a "kangaroo court" and alleged that the government was weaponising a parliamentary panel to force the opposition into submission.
Cause Title: Mahua Moitra v. Lok Sabha Secretariat & Ors. (Writ Petition (Civil) No. 1410 of 2023)
Click here to read/download Affidavit
