Raja Ram Pal v. The Hon'ble Speaker, Lok Sabha
Raja Ram Pal v. The Hon'ble Speaker, Lok Sabha (2007) held that Parliament has the power to expel members for contempt or gross misconduct under Article 105(3)
Citation: (2007) 3 SCC 184
Case at a Glance
Summary
This case arose from the 'cash for questions' scandal where MPs were caught on camera accepting bribes to raise questions in Parliament. The expelled MPs challenged their expulsion, raising fundamental questions about parliamentary privileges and judicial review. The five-judge Constitution Bench upheld Parliament's power to expel members for contempt or gross misconduct under Article 105(3), drawing from House of Commons privileges. However, the Court also established that parliamentary privileges are not absolute and are subject to judicial review in cases of gross illegality or violation of constitutional provisions. The judgment balanced Parliament's autonomy to regulate its affairs with constitutional limits and fundamental rights.