Expelled Samajwadi Party leader Amar Singh and his close associate Jaya Prada on Monday got a major relief from the Supreme Court as it virtually stayed their disqualification from Parliament for them being thrown out of the party.
While referring their case to a larger bench to decide seven-point constitutional questions arising out of their petitions, a bench of Justices Altamas Kabir and Cyriac Joseph in its order said the top court’s 1996 verdict in Vishwanathan’s case “shall not be applied to the two petitioners, Amar Singh and Jaya Prada” till the reference of the same is pending before the top court.
Mr Singh and Ms Prada in their petitions had apprehended that on the basis of the Vishwanathan case verdict, they might be disqualified from Parliament for being expelled from Samajwadi Party though they never left the party on their own free will.
Their counsel Harish Salve and K.K. Venugopal had argued that the top court had not “interpreted correctly” the provisions of the Tenth Schedule of the Constitution in the 1996 judgment, related to the position of expelled members of a party, whether they would stand disqualified, especially if they voted against the party whip in the House.
The top court bench, headed by Justice Kabir came to the conclusion that the 1996 verdict needs fresh consideration by a larger bench, hence it framed seven questions for decision on the vital issue. while requesting the Chief Justice to set up the larger bench as early as possible.
The seven questions included, the status of expelled legislators, will provision of the Tenth Schedule apply to them, status of members who had not voluntarily resigned, will the expelled members continue to be treated as legislative members of the party during debate and voting in the House, can explanation (a) of the Tenth Schedule apply to such members, what is the legal fiction created by explanation (a) to para 2(1) of the Tenth Schedule and what is the status of unattached members in the House.
Since a larger bench would take a considerable time to decide on the issue, till then the position of Mr Singh and Ms Prada as members of Rajya Sabha and Lok Sabha respectively has been protected by the order as an interim measure.