Apex court quashed suspension of 12 Maharashtra BJP MLAs and says it’s unconstitutional

The Top Court struck down the Maharashtra Assembly's decision to suspend 12 legislators of the Maharashtra assembly for a one-year period beginning July 5, 2021.
The top court held the suspension beyond the remainder of the session of the Assembly was ‘non-est’ in law, substantially unconstitutional and irrational. Calling the resolution illegal, the top court said it was "beyond the powers of the assembly".
A bench headed by Justice A M Khanwilkar said the MLAs cannot be suspended beyond the session. Reinstating them, the court held that the resolutions are malice in the eyes of law, ineffective and “beyond the powers of the Assembly”.
On January 12, the SC had said the suspension of 12 BJP MLAs for one year is worse than expulsion and as per the constitutional provision, a constituency cannot go unrepresented for over six months.
During the hearing, the bench had orally observed that the suspension beyond a session was disproportionate and "worse than expulsion". If it was a case of expulsion, there could be a by-election to fill up the vacancy.
The bench had opined that such suspension, which exceeds the term of a session, will amount to a punishment of the constituency, as it remains unrepresented in the Assembly.
The bench had also remarked that it can be "dangerous to democracy" as well since it can result in the manipulation of majority in the house when voting on important matters arise.
The bench had pointed out that as per the relevant rules, the Assembly has no power to suspend a member beyond 60 days. In this regard, the bench referred to Article 190(4) of the Constitution which says that a seat will be deemed to have become vacant if a member remains absent in the House without its permission for a period of 60 days.
The court had added it would set a "dangerous precedent" if elected members are removed from the House for a long duration.
"Assembly resolutions are malice in the eyes of law and declared to be ineffective," the Supreme Court said.
They were suspended on July 5 last year from the assembly after the state government accused them of "misbehaving" with presiding officer Bhaskar Jadhav in the Speaker's chamber.