Punish to enforce discipline and not undermine democratic participation: SC
The HinduThe Supreme Court on Tuesday held that the constitutional court must maintain a “delicate balance” while scrutinising the proportionality of actions taken by the Parliament or State Legislatures against their members. The verdict was based on a petition filed by expelled Bihar Legislative Council Member and RJD leader Sunil Kumar Singh challenging his ouster for his remarks against Chief Minister Nitish Kumar. Justice Kant said the intention of the House behind a punishment imposed on its members must be to enforce discipline and not undermine democratic participation. Justice Kant said courts must look into whether the punishment was proportional to the degree of obstruction caused by the member in the proceedings of the House. Courts examining such case must also examine whether there were any lesser restrictive measures to discipline the delinquent member.
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