Amarinders expulsion invalid: SC

It would be safe to say that a breach of privilege by a member of legislature can only be established when a members act is directly connected with or bears a proximity to his duties,role or functions as a legislator. This test of proximity should be the rule of thumb, the bench,also consisting of Justices R V Raveendran,P Sathasaivam,J M Panchal and R M Lodha,ruled. The court enumerated exceptional circumstances where acts which occur outside the House could affect the integrity of legislative functions like legislators accepting bribes in lieu of asking questions or for voting in House.

Singh was expelled from the 13th state Assembly on September 10,2008,for breach of privilege after a resolution was passed on the basis of the report of a panel appointed by the Assembly on alleged irregularities. The resolution was at the instance of the SAD-BJP government led by Parkash Singh Badal for causing a loss to the exchequer by granting exemption to 32.1 acres land of a private builder from the purview of the Amritsar Improvement Trust scheme.

The alleged improper exemption of land was an executive act, the court said,adding that ideally the government should have filed a criminal complaint against Singh.

It cautioned legislature from using phrases like lowering the dignity of House to disqualify a member. It said once a House is dissolved,a successive House cannot inquire into its business. If we were to permit the legislature to exercise privileges for acting against members for their executive acts during previous terms,the courts are likely to be flooded with cases involving political rivalries, it said.

The court also reiterated a settled principle that legislative proceedings should not touch matters pending in courts.