After Rajya Sabha Suspension, Supreme Court To Hear AAP Leader Raghav Chadha's Plea Today

The Supreme Court is set to examine a petition submitted by Aam Aadmi Party (AAP) leader Raghav Chadha, challenging his indefinite suspension from the Rajya Sabha, with proceedings scheduled for Monday (16 October).

As reported by Indian Express, Chadha's plea argues that his suspension was imposed due to "serious breaches of rules, misconduct, a defiant attitude, and contemptuous behavior."

Chadha's suspension occurred on the final day of the Monsoon Session of Parliament on 11 August, pending an investigation by the privileges committee.

Advocate Shadan Farasat, who is representing Chadha, highlights the potential for misusing and abusing the authority to impose indefinite suspensions. The plea emphasizes that this authority should serve as a protective measure rather than a punitive one.

Furthermore, it underlines that the suspension contravenes Rule 256 of the Rules of Procedure and Conduct of Business in the Council of States, which explicitly prohibits the suspension of a member for a duration exceeding the remainder of the session.

The plea underscores that a suspension extending beyond the ongoing session is not only irrational but also runs counter to fundamental democratic principles. It deprives the member and their constituency of essential representation in the House.

The petition asserts that suspension should not result in dismissal. As per Article 101(4) of the Constitution, an indefinite suspension, especially outside the session's duration, effectively creates a vacancy after 60 days.

On 11 August, a motion proposed by Leader of the House Piyush Goyal led to a voice vote in the Rajya Sabha, seeking action against Raghav Chadha for including the names of certain members in a proposed select committee for the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, without their consent.