Lawstreet Journal

Supreme Court Hearing the case of suspension of Ashish Shelar and 11 other BJP MLA

Lawstreet Journal 19 Jan 2022 5:11pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court Hearing the case of suspension of Ashish Shelar and 11 other BJP MLA

Sr Adv Mahesh Jethmalani presents a rejoinder in the case of suspension of Ashish Shelar and 11 other BJP MLAs from the Maharashtra Legislative Assembly.

Sr Adv Mahesh Jethmalani: The power of the house to suspend is not under question. Mr Sundaram's argument is the period of suspension can be determined at the will and pleasure of the House. He seeks to buttress this proposition by Raja Rampal.

Jethmalani: The proposition of laws by the majority in para 431, only ground is ground of judicial review and nothing else and he gives no reason why the same should be ignored.
This was the sum of arguments of State of Maharashtra

Jethmalani: Let's take Mr Sundaram's sole ground- S. Suspension is both illegal and unconstitutional. Under A105(3) which deals with central legislature and A190(4) deals with state legislature. Those powers are not denied by any judgement. All houses in India will enjoy the same

Jethmalani: powers and privileges as enjoyed by the House of Commons in 1950.
We have to go to the roots to see whether HoC in 1950 enjoyed that privilege of imposing a period of suspension of 1 year. 
The burden when such a privilege exists, please see para 47 from Sharma's case

Jethmalani: The main question to be decided is existence and extent of the privilege. The burden is on them to establish HoC enjoyed such privilege.
Throughout his argument, my ld friend made an attempt to tell us about the source of the power. Where is the source? The burden is

Jethmalani: on him but I… Continue Reading...


Tagged: Ashish Shelar   Supreme Court of India  
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