Judicial Review Of Legislative Expulsions: Implications For Parliamentary Privilege And Fundamental Rights
- IJLLR Journal
- Jul 31
- 1 min read
Saumya Baranwal, Research Scholar, Himachal Pradesh National Law University, Shimla
ABSTRACT
This research paper critically examines the constitutional tension between parliamentary privilege and fundamental rights in the context of legislative expulsions in India. While Articles 105 and 194 of the Indian Constitution grant legislatures the power to regulate their internal proceedings and discipline members, including expulsion, the unregulated and discretionary use of this power has raised concerns about arbitrariness and political misuse. Through doctrinal analysis and judicial interpretation—particularly the landmark decisions in Raja Ram Pal v. Speaker, Lok Sabha and Sunil Kumar Singh v. Bihar Legislative Council (2025), this paper evaluates the scope of judicial review over legislative actions and the necessity of procedural safeguards rooted in natural justice, Article 14, and Article 21 of the Constitution. The study emphasizes the application of proportionality and constitutional morality as tools for reconciling legislative autonomy with individual rights. It concludes by proposing concrete reforms, including codification of privileges, establishment of independent ethics committees, and strengthening judicial oversight, to ensure that legislative expulsions are fair, accountable, and constitutionally sound.
