Parliament has exclusive power over members' conduct: Achary

New Delhi, Sep 13 (UNI) Lok Sabha Secretary-General PDT Achary told the Supreme Court today that the Indian Parliament has the exclusive jurisdiction, privilege and power to regulate and discipline the conduct of its members if it is found offensive.

Senior counsel T R Andhyarujina arguing for Lok Sabha secretariat told a constitution bench that action taken by Parliament against its members including their expulsion was beyond the scope of judicial review as the House of Commons in England also enjoyed exclusive power and privileges in this matter.

The counsel was responding to the contention of the petitioners who were expelled by Lok Sabha Speaker Somnath Chatterjee after they were caught on TV cameras taking money for raising questions in the Parliament, which is popularly known as ''cash for query scam.'' He was addressing the constitution bench headed by Chief Justice Y K Sabharwal. Other judges on the bench were Justices K G Balakrishnan, C K Thakkar, R V Raveendran and D K Jain.

The basic submission of the counsel for Lok Sabha secretariat was that the House of Commons had the privilege and power of expelling a member of the House for conduct which may offend the House or for behaviour which interfered in the discharge of proceedings.

Consequently, that privilege and power was vested in the Parliament under Article 105 (3) and in the State Legislature under Article 194 (3) of the Constitution of India.

According to the counsel, the main question for consideration was whether that power and privilege of the House of Commons is by its origin not available to legislatures in India or is negatived by any provision of the Constiitution of India.

The arguments shall continue tomorrow.

The petitioners have challenged the decision of the Speaker dated December 23, 2005 on the grounds that the Speaker does not have the power to expel the sitting members of the Lok Sabha.

The Lok Sabha Speaker had taken the stand that his action cannot be challenged in the court and had refused to submit to the jurisdiction of the court.

The Supreme Court while referring the matter to the constitution bench had restrained the Election Commission of India from holding bi-elections to 10 Lok Sabha seats which had fallen vacant due to the expulsion of the petitioners, without prior permission of the Supreme Court.

UNI AKS/SC LL RP HS2016