Indefinite exclusion of Opposition MP from Rajya Sabha serious, says apex court on Raghav Chadha's plea

Indefinite exclusion of an MP of the Opposition from the Rajya Sabha was a “very serious matter”, the Supreme Court observed on Monday and questioned the rule which gave power to suspend a member indefinitely. Proportionality (theory of law) needed to be factored in. “Some proportionality is a part of our jurisprudence,” Chief Justice of India DY Chandrachud remarked on behalf of the bench.

Hearing AAP MP Raghav Chadha’s plea challenging his indefinite suspension from RS, the CJI remarked, “above all, we are all subordinate to the Constitution. Wherever we are, whether in a court or on the street.” Chadha was suspended on August 11 for allegedly obstructing House proceedings.

Referring to the charge levelled against Chadha, the CJI asked the amicus curiae, Attorney General R Venkataramani, “is this the sort of breach for which you will indefinitely suspend” a member. “Exclusion is a very serious matter. He is a representative of his constituency. He is representative of a viewpoint which may not be agreeable to the government…The matter raises a very serious issue,” the CJI said.


“Parliament must have voices from across the spectrum.” Expressing concern, the CJI asked the AG, “how long would you keep him suspended?” Chadha was suspended on the charge that he didn’t ascertain the willingness of certain MPs whose names were proposed by him as members of the select committee for GNCTD (Amendment) Bill 2023. The Rajya Sabha chairperson suspended Chadha pending inquiry by the privileges committee following a House resolution.

“Does this really reduce the dignity of the House… Is this a breach of privilege,” the CJI asked AG. The bench posted the matter for resumed hearing on Friday. It clarified that it will “not go into the jurisdiction of the privilege committee; only question is of continued suspension”, the bench said. Chadha had dubbed his suspension ‘illegal’ and ‘arbitrary.’ He contended that his suspension was ordered on the last day of the monsoon session and continued even after the special session of Parliament.