SC sets aside RJD MLC's expulsion from Bihar Legislative Council for 'remarks' against Nitish Kumar

Terming it “disproportionate”, the Supreme Court on Tuesday set aside Bihar Legislative Council’s decision to expel RJD MLC Sunil Kumar Singh from the House for his alleged defamatory remarks against Chief Minister Nitish Kumar.

A bench of Justice Surya Kant and Justice N Kotiswar Singh said the July 2024 expulsion of the RJD MLC violated not only the petitioner’s rights but also the rights of the electorate he represented in the House.

“The House must exercise magnanimity and refrain from imposing disproportionate action against its member… We hold that a more balanced measure should have been approached by the House. The action by the House was indeed harsh and disproportionate,” it said.

The top court also quashed the Election Commission’s December 30, 2024 notification for holding bye-election to the seat that fell vacant following Singh’s expulsion from the House.

Describing Singh's conduct in calling the Chief Minister ‘Palturam’ as “abhorrent”, the top court cautioned him against making such comments in future.

While concluding that the punishment expulsion awarded to him was “highly excessive” and “disproportionate”, the bench clarified that its verdict should not be construed as condonation of Singh’s conduct and that it has interfered with the Bihar Legislative Council's decisions only to the extent and degree of punishment.

The seven months of expulsion already undergone by him should be deemed as suspension and appropriate punishment for Singh's misconduct, it said, invoking its powers under Article 142 of the Constitution.

The bench, however, said, Singh shall not be entitled to claim any remuneration or other monetary benefits for the period of his disbandment. “The petitioner shall be entitled to such other perks and privileges which any other similarly placed MLC is entitled to upon completion of their full tenure,” it added.

“Should the petitioner indulge further in such misconduct upon his reinstatement, we leave it to the Ethics Committee or Chairperson of BLC to take appropriate action, in accordance with law,” the bench said.

The top court said there was no absolute bar against calling into question the decisions taken by the legislature and judicial review of legislative decisions did not amount to an encroachment of the legislative domain.

Drawing a distinction between “proceedings in the legislature” and “legislative decisions”, it said the bar against judicial review under Article 212 of the Constitution may not be applicable to the latter.

The decision of the Ethics Committee of the Legislative Council to expel Singh can’t be said to be a part of legislative functions and hence, not immune to judicial review, it said.