VidhiSangh

Supreme Court of India · 25/02/2025

DR. SUNIL KUMAR SINGH versus BIHAR LEGISLATIVE COUNCIL (THROUGH SECRETARY) AND ORS.

[2025] 2 S.C.R. 2130 · 2025 INSC 264

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Summary

The Supreme Court held that Article 212(1) does not bar judicial review of the Bihar Legislative Council's expulsion of a member on the Ethics Committee's recommendation, since that disciplinary action is administrative and not a proceeding of the Legislature challenged for procedural irregularity, and that courts may review the proportionality of such punishment. Finding expulsion for derogatory remarks against the Chief Minister grossly disproportionate, it used Article 142 to treat the seven months already undergone as suspension, ordered reinstatement and quashed the bye-election.

Issues

  1. Whether the writ petition challenging the Ethics Committee's report and the expulsion was barred by Article 212(1) of the Constitution, and whether the Ethics Committee's action is amenable to judicial review.
  2. Whether constitutional courts can review the proportionality of punishment imposed by the House on its member.
  3. Whether the petitioner's expulsion was disproportionate to his misconduct.
  4. Whether the Supreme Court can itself determine the appropriate punishment instead of remitting the matter to the House or its Committee.

Provisions considered

Held

Result

Writ petition allowed: Ethics Committee report and expulsion notification set aside only as to the punishment; period already undergone treated as suspension; petitioner reinstated as MLC forthwith without remuneration for the period out of office, but deemed to have served the full tenure for post-tenure benefits; Ethics Committee/Chairperson free to act on future misconduct; Election Commission's bye-election press note dated 30.12.2024 quashed and consequential action annulled.

Judgment PDF: Supreme Court of India, [2025] 2 S.C.R. 2130.