Aam Aadmi Party’s Member of Parliament, Raghav Chadha, is set to have a re-hearing of his case on Friday, November 3, 2023. After being suspended indefinitely in the Rajya Sabha, Chadha had appealed to the Supreme Court. During the previous hearing, the Supreme Court had issued a notice to the Rajya Sabha Secretariat and fixed the date for the hearing.
In recent days, the court questioned the Attorney General about the rules regarding the suspension of Members of Parliament without their consent. They asked about the duration for which a parliamentarian can be suspended and whether it is necessary to suspend Chadha for a longer period. They also inquired whether his constituency is more important than him.
Raghav Chadha was suspended without his consent in August, for proposing his name for the Select Committee without the consent of five MPs. Chadha argues that this does not constitute a breach of parliamentary privileges. If it does, he can only be suspended for a day, according to the rules.
The court further stated that keeping a parliament representative suspended for an extended period may be seen as a violation of their special rights, especially when they represent a political constituency. Does the government have the authority to suspend him for an extended period?
During the hearing, Attorney General R. Venkataramani argued that this matter falls under the purview of the Rajya Sabha’s jurisdiction and should not be heard in court. Before this, on October 16, the Supreme Court had issued a notice to the Rajya Sabha Secretariat in response to Raghav Chadha’s petition.