The punishment was highly excessive, says the Supreme Court of India as it sets aside the expulsion of RJD leader Sunil Kumar Singh from the Bihar legislative council over his "unruly behaviour".
A bench of Justices Surya Kant and N Kotiswar Singh said the Bihar Legislative Council (BLC) should be more magnanimous and said the politician's conduct was "abhorrent" and "unbecoming" for a member of the council.
"Based on the material placed on record, it is evident that the demeanour of the petitioner in the house was abhorrent and unbecoming of a member of the legislature. We are constrained to add that the petitioner's subsequent evasive and high-handed demeanour before the ethics committee was even more egregious," the bench said in its 50-page verdict.
Notwithstanding the conduct of Singh, the court said the house, as a custodian of constitutional values and democratic principles, ought to exercise magnanimity and rise above petty criticism and unwarranted remarks against its members.
"In doing so, they would exemplify the virtues of tolerance, restraint, and institutional maturity, thereby reinforcing the dignity, impartiality, and respectability of their office," said Justice Surya Kant who authored the judgement.
The actions prescribed against Singh, said the verdict, would inevitably have a direct and significant impact on a vast number of stakeholders, particularly the constituents who have reposed their faith in him as their representative.
"Their voices, aspirations, and democratic rights cannot be disregarded, and it is in furtherance of these principles that the needs and interests of the electorate must take precedence in any decision that affects their representation in a democratic forum," it added.
The court also set aside the Election Commission's notification of December 30, 2024 announcing bypoll for the seat held by Singh.
The bench awarded the punishment of suspension for the period already undergone by Singh for his conduct and said he would not seek any remuneration for the suspension period.
"Accordingly, we set aside the impugned report of the ethics committee as well as the notification of the BLC, only to the extent of the nature of punishment it recommends to be imposed on the petitioner," it said.
Singh was ordered to be reinstated as a member of the BLC with immediate effect.
"The petitioner shall be entitled to such other perks and privileges which any other similarly placed MLC is entitled to upon completion of their full tenure. For the limited purpose of post-tenure benefits, if any, the petitioner shall be deemed to have served as MLC for the entire tenure," the bench said.
The top court, however, clarified that if Singh exhibited misconduct upon reinstatement, the ethics committee or BLC chairperson would take appropriate legal action.
Article 212 (1) of the Constitution did not put an embargo on the courts to examine the legislative decision, which is the culmination of the legislative procedure, the court said.
"While proceedings of the legislature provide the framework within which members exercise their deliberative functions, the legislative decision is the authoritative determination that follows such deliberation. These decisions of the legislature, though emanating from a coordinate branch of Government, are not immune from scrutiny by constitutional courts," the bench added.
It said judicial review of legislative decisions was not an encroachment upon legislative dominion but a necessary safeguard to uphold constitutional supremacy.
On July 26, last year, Singh was expelled from the Bihar Legislative Council for his unruly behaviour in the House.
Singh, considered close to RJD supremo Lalu Prasad and his family, was charged with sloganeering against Chief Minister Nitish Kumar on February 13, 2024, during a heated exchange in the House.
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