In Brief
Twelve opposition members of the Maharashtra Legislative Assembly were suspended for one year by a House resolution on 5 July 2021 for alleged contempt and disorderly conduct. The Supreme Court held that while the Legislature has power to suspend members, such suspension is an implied power limited to what is necessary for orderly functioning of the House during the ongoing Session. Suspension beyond the remainder of the Session in which the resolution was passed is substantively illegal, irrational, and violates Articles 14 and 21 of the Constitution. The Court relied on the graded approach prescribed in Rule 53 (suspension first for remainder of day, then for remainder of Session on repeat) and international parliamentary practice. The resolution was declared null and void insofar as it extended suspension beyond the remainder of the Monsoon Session, and petitioners were entitled to consequential benefits as members upon expiry of that remainder period.
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