CONSTITUTIONAL GOVERNANCE
Raja Ram Pal v Hon’ble Speaker of Lok Sabha & Ors.
(2007) 3 SCC 184

Presented to :
Dr. Rangin P. Tripathy.
Presented by :
Soumyadeep Chakrabarti.
Second Semester.
15/LLM/027.

FACTS :


12/12/2005 - Aaj Tak – sting operation (Operation Duryadhana) -10 Lok
Sabha M.P’s & 1 Rajya Sabha member – cash for query.



19/12/2005 – Star News – sting operation with Detective Intelligence
Group – 1 M.P taking money in exchange for providing benefits under the

MPLAD scheme.



Enquiry committee formed – all found guilty – motion of expulsion initiated. PRELIMINARY QUESTIONS OF LAW :

1) Whether the writ petition is maintainable or not ? If yes then :

2) Whether the Supreme Court has the jurisdiction to decide matters relating to content & scope of powers, privileges, immunities of the legislature & its members ?

3) Whether parliament has a right to expel its members ? (Whether the internal procedures of the parliament are justifiable ?)

Opposites

Correlatives

If P has a claim, then P lacks a If P has a claim, then J has a

no-claim.

duty.

If P has a liberty, then P lacks

If P has a liberty, then J has

a duty.

no-claim.

If P has a power, then P lacks a If P has a power, then J has a disability. liability.

If P has an immunity, then P

If P has an immunity, then J

lacks a liability.

has a disability.

Disqualification
Disqualification
impacts on the origin of the candidate’s qualifications resulting him/her not to occupy a seat for attaining membership of the house.

Expulsion
Expulsion relates to a qualified member who, in the opinion of the house is unworthy of membership. Article 102 of the
Indian Constitution.

Vacancy
Vacancy is the ultimate consequence of any or both the previous terminologies in action. It is an act of a seat