Supreme Court issues notice on Raghav Chadha plea challenging his indefinite suspension from Rajya Sabha

The Supreme Court on Monday issued notice to the Rajya Sabha Secretariat on a plea by Aam Aadmi Party (AAP) Member of Parliament (MP) Raghav Chadha challenging his indefinite suspension from the Rajya Sabha. [Raghav Chadha v. Rajya Sabha Secretariat and Ors].A Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra issued notice and directed Attorney General (AG) for India N Venkataramani to assist the Court..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..During the hearing today, Senior Advocate Rakesh Dwivedi, appearing for Chadha, questioned whether there was any jurisdiction to suspend an MP pending an inquiry through a house resolution and an order of the Chairman.Additionally, he asked whether such an order could be passed after the matter had been referred to a Privileges Committee based on the same grounds for examination, investigation and reporting.Dwivedi also emphasized the importance of considering the doctrine of proportionality and the potential breach of the Ethics Commitee provisions in the suspension order..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.He contended that there exists a categorical prohibition against the suspension of any member for a period exceeding the remainder of a session. He has been suspended since the last hour of the Monsoon Session of Parliament this year.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 continues work even when Parliament is not in session, his plea states. 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.