Unconstitutional: SC scraps 1-yr suspension of 12 MLAs

The Supreme Court had stated earlier that the one-year suspension of MLAs was worse than the expulsion

The Supreme Court on Friday scrapped the one-year suspension of 12 BJP legislators in Maharashtra. The apex court, while quashing a resolution that the lower house had passed for punishing the MLAs for alleged misbehaviour on July 5, 2021, said it was unconstitutional and arbitrary. While the BJP welcomed the decision by a three-member bench, the Maharashtra Vikas Aghadi (MVA) leaders said the Speaker will decide on the issue after the full order is received.

It would be interesting to see if the decision is accepted or the issue is stretched further while wrestling over the powers of the lawmakers and judiciary. "Thanks to the Supreme Court, we got justice. To put this decision in one sentence - the truth may be upset, but not defeated," said one of the petitioner MLAs Ashish Shelar.

He said the entire judgment was yet to come, but the operative part clarified that the decision taken by the MVA government in Maharashtra was unconstitutional, illegal and illogical. "This is for the first time that the Supreme Court slammed the state government. It's a historic decision and an eye-opener. The government was given a chance to rectify its own mistake. During the hearing, the SC had directed the Legislature to take appropriate decisions in this regard. But only the wise could apprehend the direction," he said at a media conference.

Shelar said for the Thackeray government the embarrassment could have been averted by accepting the MLAs' application for revocation of suspension during the Assembly session. "But the Thackeray government's ego is at its peak. It has become an arbitrary government. The court had stated earlier that the one-year suspension was worse than the expulsion. The court also ruled that the suspension cannot be extended beyond the session, in which the suspension was made."

‘Slap in the face of MVA'

Leader of opposition in the Assembly, Devendra Fadnavis said the 12 MLAs, who were fighting for the cause of OBCs in Maharashtra Legislative Assembly during the monsoon session were given justice by the SC. "This decision of the SC will save the democratic values and it is yet another tight slap in the face of the MVA government for its unconstitutional, unethical, unfair, illegal and undemocratic actions and activities," he tweeted from Goa.

‘Verdict will be examined'

Senior minister Nawab Malik said the experts in the state legislature will examine the court order, the powers of the legislature and judiciary. "It is not just about Maharashtra, but it is about the Assemblies in the country and Parliament. The question is whether the power of the Assembly and Parliament is final, and does a court verdict apply to these houses. The Legislature's Secretariat will examine the issue," he said, adding that the Speaker will take the final decision.