Adversitement
Lok Sabha Secretariat Argues Mahua Moitra's Expulsion Challenge Beyond Judicial Review
Published On : 2024-03-12T12:14:36+0530 [ IST ] |
Author : Mayur_Tembhare
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India :
The Lok Sabha secretariat has submitted an affidavit to the Supreme Court, arguing that Mahua Moitra's challenge against her expulsion from the House transcends the permissible scope of judicial review outlined in the Constitution.
Mahua Moitra, a Trinamool Congress leader, faced expulsion from the Lok Sabha on allegations of accepting gifts and illegal gratification, a charge she vehemently denies.
The affidavit contends that Moitra's plea lacks merit and is beyond the jurisdiction of the Supreme Court. It invokes Article 122 of the Constitution, which vests Parliament with authority over its proceedings and shields them from undue judicial interference.
The Lok Sabha secretariat emphasizes that Parliament's decisions, including disciplinary actions against its members, are immune to judicial scrutiny under the doctrine of parliamentary privilege.
Moreover, the affidavit underscores concerns related to national security and the integrity of parliamentary functioning. It raises alarms over the sharing of login credentials, cautioning against potential cyber threats and disruptions to parliamentary operations.
The case originates from allegations of a "cash-for-query" scandal involving Moitra, wherein she purportedly shared her Parliamentary login credentials with a businessman to facilitate the posting of questions on her behalf.
The Lok Sabha ethics committee investigated the allegations and adopted a report, leading to Moitra's expulsion from the House.
Moitra's expulsion has elicited legal scrutiny, with her petition challenging the decision now before the Supreme Court. However, the Lok Sabha secretariat's affidavit underscores Parliament's prerogative in such matters, signaling a potential clash between legislative and judicial authority.
As the case unfolds, stakeholders await the Supreme Court's ruling, which could have significant implications for the balance of power between Parliament and the judiciary, as well as for Moitra's political future.
Source : India Today
Tags : Allegations , Trinamool Congress , Lok Sabha , Supreme Court , judicial review , cash-for-query , expulsion , Mahua Moitra , ethics committee , Constitution , Article 122 ,
Summary : The Lok Sabha secretariat has contended before the Supreme Court that Mahua Moitra's petition challenging her expulsion from the House exceeds the bounds of judicial review permitted by the Constitution. The affidavit filed by the secretariat asserts that Moitra's plea lacks merit and falls outside the jurisdiction of the Supreme Court. Moitra, a Trinamool Congress leader, was expelled from the Lok Sabha on allegations of accepting gifts and illegal gratification, which she vehemently denies. The secretariat invoked Article 122 of the Constitution, emphasizing Parliament's authority over its proceedings and the limitations on judicial scrutiny. The affidavit also highlights concerns over national security and parliamentary functioning, particularly regarding the sharing of login credentials. The case stems from accusations of a "cash-for-query" scandal involving Moitra, where she allegedly shared her Parliamentary login credentials with a businessman to post questions on her behalf. The Lok Sabha ethics committee adopted a report on the allegations, leading to Moitra's expulsion from the House.
Adversitement