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In a recent development, the Supreme Court has taken cognizance of a plea filed by Trinamool Congress (TMC) leader Mahua Moitra, challenging her expulsion from the Lok Sabha. The apex court, comprising Justices Sanjiv Khanna and Dipankar Datta, has directed the Lok Sabha Secretariat to respond to Moitra’s plea within two weeks. However, the court has refrained from providing any interim relief to the ousted MP from Krishnanagar constituency in West Bengal.
Mahua Moitra’s expulsion from the Lok Sabha has sparked a legal battle that now finds itself at the doorstep of the highest judicial authority in the country. The Trinamool Congress party, known for its vocal stance on various issues, has taken the matter to the courts, seeking judicial intervention in what it claims to be an unjust expulsion.
The Supreme Court’s directive to the Lok Sabha Secretariat to respond within a stipulated timeframe indicates a measured approach to address the matter. The court, led by Justices Sanjiv Khanna and Dipankar Datta, has set a timeline for the exchange of legal arguments, with a listed hearing during the week commencing March 11.
Crucially, the court has denied Moitra’s request for interim relief, signaling a cautious approach that prioritizes a thorough examination of the case. Senior Advocate Abhishek Manu Singhvi, representing Mahua Moitra, sought permission for Moitra to participate in the proceedings. However, the court firmly deferred this request, emphasizing that it would be considered when the case is formally listed.
About Supreme Court Seeks Response:
Solicitor General Tushar Mehta, representing the Secretary General of Lok Sabha, argued against the issuance of a formal notice. His contention centered around the constitutional autonomy of the Parliament as one of the three sovereign organs under the Constitution. Mehta asserted that disciplinary matters concerning members of Parliament fall within the purview of the Parliament’s internal procedures and are not subject to judicial review.
This raises a constitutional conundrum — the delicate balance between the separation of powers and the right to judicial review. The argument presented by the Solicitor General underscores the inherent authority of Parliament to manage its internal disciplinary matters. However, Moitra’s legal challenge brings to the forefront the question of whether such matters should be immune from judicial scrutiny.
As the legal proceedings unfold, the case of Mahua Moitra’s expulsion from the Lok Sabha presents a nuanced examination of constitutional principles. The Supreme Court’s directive for a response from the Lok Sabha Secretariat and the subsequent hearing scheduled in March indicate a meticulous approach to navigate the intricate constitutional web surrounding parliamentary disciplinary actions. The outcome of this case could have far-reaching implications on the interface between parliamentary autonomy and judicial oversight, shaping the contours of constitutional governance in India.