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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     27 April 2010

PUNJAB ASSEMBLY FIASCO

THE Supreme Court is right to quash the Punjab Assembly's expulsion of former Punjab Chief Minister Amarinder Singh for his alleged involvement in the Amritsar land allotment scam. The verdict makes it clear that a state legislature does not have the power to deprive a former chief minister of his House membership for executive decisions taken during his tenure, even if there are grounds to suspect that he may have bent rules. It also sets right the anomalous situation where a CM of a state during the term of its 12th Assembly saw himself being punished by the 13th.

 

The move had set a dangerous precedent.

 

We could have every other government expelling the CM of its predecessor on some pretext. The court has also pointed out that no ' breach of privilege' was made out against Mr Singh for the Assembly to exercise its power under Article 194( 3) of the Constitution.

 

If Mr Singh has done something wrong it is for the criminal justice system to punish him, as also the people who sent him as their representative to the legislature.

 



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