AAP MP Raghav Chadha moves Supreme Court against Rajya Sabha suspension

Aam Aadmi Party (AAP) leader and Member of Parliament from Punjab Raghav Chadha has approached the Supreme Court against his indefinite suspension from the Rajya Sabha..Chadha was suspended from the Upper House of Parliament on August 11 during the pendency of the Privileges Committee proceedings against him for allegedly not taking consent of five Rajya Sabha members before proposing their names for a Select Committee. .Chadha has argued that his suspension was in clear violation of the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha) as well as Articles 14 and 21 of the Constitution.The Rajya Sabha Secretariat and its Chairperson are respondents in the civil writ petition filed before the apex court.Chadha has contended that there exists a categorical prohibition against the suspension of any member for a period exceeding the remainder of the sessions. He has been suspended since the last hour of the Monsoon Session of Parliament this year.“In terms of Article 101(4) of the Constitution, the effect of an indefinite suspension, particularly outside the period of session is to de-facto create a vacancy after a period of sixty days, which also shows the prima facie illegality of the impugned action. A suspension cannot have an effect of expulsion and create a vacancy in the House,” the MP has submitted..Due to the suspension, Chadha says that he is not able to attend the meetings of the Standing Committee on Finance and the Committee on Subordinate Legislation, which continue their work even when Parliament is not in session, his plea states. Chadha has further argued that the ‘inherent’ power of the Chairman under Rule 266 of the Rajya Sabha Rules has been held by the Supreme Court to not extend to suspension of members for indefinite periods or for periods beyond the ongoing session.It has also been contended that neither of two privilege notices issued to him envisaged an interim suspension or put him to notice for such action..Alleging that a “vocal member” of the opposition was selectively targeted, Chadha in the plea has also mentioned that “illegal and arbitrary” attempts were being made to dispossess him of his official accommodation in Pandara Road.It “leaves no manner of doubt” that every attempt is being made to silence him which goes to the very root of the effective functioning of a democracy, the plea adds..Besides challenging his suspension, Chadha has also urged the Supreme Court to hold that that the power of the Chairman under Rule 266 of the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha) does not extend to suspension of a member beyond the period specified in Rule 256 of the Rajya Sabha Rules.