Suspension of MLA is worse than expulsion - Supreme Court of India

Tags: National News

The Supreme Court of India observed that suspension from the Legislative Assembly for a year is “worse” than expulsion, as it affects the right of a constituency to remain represented in the House, otherwise it will create a constitutional void.

• The observation came, while a bench led by Justice A.M. Khanwilkar, which was hearing the pleas filed by 12 BJP MLAs who have challenged their one­ year suspension from the Maharashtra Legislative Assembly for allegedly misbehaving with the presiding officer.
• The Supreme Court said the House cannot suspend a member beyond 59 days based on the statutory obligation under Article 190(4). 
• Article 190 (4) of the Constitution says that if for a period of 60 days, a member of a House, without its permission, is absent, the House may declare his or her seat vacant.