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Supreme Court of India 2025-02-25 allowed

Dr. Sunil Kumar Singh Bihar Legislative Council (Through Secretary) and Ors vs Bihar Legislative Council (Through Secretary) and Ors

Bench: 2 — Surya Kant, Nongmeikapam Kotiswar Singh

In Brief

Dr. Sunil Kumar Singh, an MLC from Bihar, was expelled for unparliamentary conduct after hurling derogatory remarks against the Chief Minister during a legislative session. He appealed, challenging the expulsion as disproportionate. The Supreme Court held that the Ethics Committee's action is an administrative function subject to judicial review, not shielded by Article 212(1). Establishing that courts may examine proportionality of punishment, the Court found the expulsion excessive compared to the misconduct and the cooperation shown by another similarly situated member who received only suspension. The Court converted the expulsion into suspension equivalent to the period already served (seven months) and reinstated the petitioner as an MLC, holding proportionality fundamental to constitutional fairness in legislative discipline."

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Constitutional Law Parliamentary Procedure Doctrine of Proportionality Judicial Review Legislative Privilege Disciplinary Action Fundamental Rights Natural Justice

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