Holding that suspension of a member from any assembly beyond one session of the House is grossly violative of “basic democratic values” and worse than expulsion, the Supreme Court held the resolution passed by the Maharashtra assembly to suspend 12 BJP MLAs to be “unconstitutional, grossly illegal and irrational” as the period of suspension extended beyond the remainder of the session concerned.
In a judgment running into 90 pages, a bench of Justices A M Khanwilkar, Dinesh Maheshwari and C T Ravikumar said legislatures should use suspension as a measure to discipline unruly members in a graded way: starting with barring the member from participation for remainder of the day and, in case of repeat offence, eviction for the rest of the session.
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