Supreme Court Considers Challenge to Mahua Moitras Lok Sabha Expulsion

The Lok Sabha secretariat contends that Mahua Moitras petition against her expulsion from the Lower House is inadmissible and falls short of the standards for judicial review of legislative actions under the Indian Constitution.

The Lok Sabha secretariat has filed a counter-affidavit in the Supreme Court, arguing that Trinamool Congress leader Mahua Moitra's plea challenging her expulsion from the Lower House is not maintainable and does not meet the threshold for judicial review of legislative action.

Constitutional Framework for Parliamentary Sovereignty

The Lok Sabha secretariat invoked Article 122 of the Constitution, which allows Parliament to exercise its internal functions and powers without immediate judicial intervention. It emphasized Parliament's sovereignty in matters of internal proceedings.

Articles 105 and 122 Bar Judicial Interference

The affidavit cited Article 105 of the Constitution, which deals with the powers, privileges, and immunities of Parliament, its members, and its committees. The secretariat argued that Moitra's petition does not satisfy the threshold for judicial review of legislative actions permissible under the Constitution.

Parliament's Exclusive Jurisdiction over Internal Proceedings

The Lok Sabha secretariat asserted that proceedings within Parliament and its constituents cannot be questioned based on alleged procedural irregularities. It maintained that the House of the People is the sole authority to determine the lawfulness of its proceedings.

Hearing Scheduled for May 2023

Moitra's plea came up for hearing before a bench of Justices Sanjiv Khanna and Dipankar Datta on March 11, 2023. The court adjourned the hearing until the week commencing May 6, 2023.

Beyond the Scope of Judicial Review

The Lok Sabha secretariat argued that the right to be elected to Parliament and to continue as a member is not derived from any of the rights guaranteed under Part III of the Constitution. It contended that Moitra's petition, seeking to enforce her alleged fundamental rights in relation to internal proceedings and her expulsion, falls outside the scope of judicial review.

Expulsion Based on Ethics Panel Report

On December 8, 2022, following a heated debate in the Lok Sabha over the ethics panel report, Moitra was expelled from the House for unethical conduct. The motion to expel her was moved by Parliamentary Affairs Minister Pralhad Joshi and adopted by a voice vote.

Concerns of National Security

The ethics committee found Moitra guilty of unethical conduct and contempt of the House for sharing her Lok Sabha member portal credentials with unauthorized individuals. The Lok Sabha secretariat emphasized that such actions could pose significant national security risks, including potential cyber attacks and disruption of Parliament's functioning.

Moitra's Contention on Voters' Rights

The Lok Sabha secretariat dismissed Moitra's argument that her expulsion infringed upon the voting rights of her constituents. It asserted that her expulsion was not an act that thwarted the democratic process.

Supreme Court's Earlier Response

On January 3, 2023, the Supreme Court had sought a response from the Lok Sabha secretary general on Moitra's petition challenging her expulsion.

The Lok Sabha secretariat's counter-affidavit presents a strong defense against Mahua Moitra's plea, arguing that it is not maintainable and falls outside the scope of judicial review. The case highlights the delicate balance between parliamentary sovereignty and the protection of individual rights, with the court set to hear the matter in May 2023.