Red lines that legislatures, lawmakers must respect

Singh called Bihar chief minister Nitish Kumar “palturam” (a colloquial term for a person who shifts political sides frequently) in February last year after the latter broke ties with the RJD and rejoined the BJP-led National Democratic Alliance. The legislative council took offence to the description and later expelled Singh. An ethics committee backed the decision, and the council explained the expulsion on the ground that Singh did not show up before the committee or express regret over its decision. He challenged the decision in the SC, where the council claimed legislative immunity.

Legislatures have a right to discipline their members, surely. But as the apex court has said, the action should be after due deliberation over its possible impact. Expelling a member disrupts the democratic process and amounts to denying the people represented by the legislator, a voice in the legislative forum; it impinges on the democratic pact between the citizen and the State. Keeping this context in mind, the apex court has said that while legislatures have the authority to discipline members, the penalties they impose should pass the judicial test. Here, the apex court has said courts could validate a legislative penalty after considering factors such as the gravity of the obstruction caused, whether his action discredited the dignity of the House, and other metrics. That said, lawmakers should not misuse their legislative privilege to weaponise their right to speech and insult, defame or humiliate a fellow member. Subscribing to basic decorum in the House will ensure these red lines are not breached.