In Brief
BJP members of the Maharashtra Legislative Assembly were suspended for one year by Assembly resolution on 5 July 2021 for alleged contempt and disorderly conduct, without following prescribed procedures or granting hearing. The Supreme Court held that while legislatures can suspend members for maintaining order, such suspension must be graded (remainder of day first, remainder of Session if repeated) and limited to what is necessary for orderly proceedings. Suspension beyond the ongoing Session is unconstitutional, irrational, and arbitrary, violating Articles 14 and 21. The Court declared suspension beyond the Monsoon Session null and void, entitling petitioners to all benefits of membership thereafter.
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