Mahua Moitra's expulsion: What Supreme Court said on MPs expelled in 2005 ‘cash for query' case

livemint.com:

Supreme Court announced its verdict in the case in 2007. In a 4-1 verdict, the apex court upheld the expulsion of MPs on the basis of Article 105 and called it a “self-protection" exercise by the Parliament.

As per news platform TheIndianExpress, a five-judge bench led by Chief Justice Y K Sabharwal also added that “the Judicature is not prevented from scrutinizing the validity of the action of the legislature trespassing on the fundamental rights conferred on the citizens… the judicial review of the manner of exercise of the power of contempt or privilege does not mean the said jurisdiction is being usurped by the judicature." Article 105 of the Indian Constitution deals with “powers, privileges, etc of the Houses of Parliament and of the members and committees thereof." The Supreme Court mentioned the third clause of Article 105 which says “In other respects, the powers, privileges, and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined, shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978." This Article of the Constitution is also subjected to much debate as some MPs claim that it limits of the freedom of expression of MPs in the House. The Supreme Court made it clear in its verdict that “there is no basis to claim… absolute immunity to the Parliamentary proceedings in Article 105(3) of the Constitution.