News: This post is created based on the article “House can’t suspend member for more than 59 days, says Supreme Court”, published in Indian Express on 12th Jan, 2022.
What is the News?
Supreme Court (SC) is hearing the case of suspension of 12 BJP MLAs from Maharashtra Assembly for one year.
What is Supreme Court’s ruling?
SC has observed that the suspension of MLAs for one year is prima facie unconstitutional. Because there is a constitutional bar to it.
Under Article 190(4) of the Constitution, if a member of a House is absent from all meetings without its permission for a period of 60 days, the House may declare the seat vacant.
SC further said that while the House has power to suspend a member, it cannot be for more than 59 days. Each constituency has an equal amount of right to be represented in the House, and no representation of a constituency for a year becomes unconstitutional.
The Court is yet to pass the final order.
Source: This post is created based on the article “House can’t suspend member for more than 59 days, says Supreme Court” published in Indian Express on 12th January.