Dr. Sunil Kumar Singh vs Bihar Legislative Council 2025 INSC 264 - Art. 212 Constitution - Expulsion From BLC - Proportionality Doctrine

Constitution of India - Article 212 - The action of the Ethics Committee neither forms part of the ‘Proceedings of the Legislature’ nor is it tantamount to a ‘Legislative Decision’. (Para 23) [Context: Supreme Court on maintainability of writ petition filed by Dr. Sunil Kumar Singh, who was a Member of the Bihar Legislative Council (MLC) and Chief Whip of the Rashtriya Janata Dal (RJD), challenging his expulsion from the Council. Court directed that he be reinstated as a member of the BLC with immediate effect.]

Constitution of India - Article 32,226 - Legislature - A few guiding principles for courts to consider while scrutinising the proportionality of actions taken by the House against its member(s). An indicative list of such parameters includes: (a) Degree of obstruction caused by the member in the proceedings of the House; (b) Whether the behaviour of the member has brought disrepute to the dignity of the entire House; (c) The previous conduct of the erring member; (d) The subsequent conduct of the erring member, such as expressing remorse, cooperation with the institutional scrutiny mechanism; (e) Availability of lesser restrictive measures to discipline the delinquent member; (f) Whether crude expressions uttered are deliberate and motivated or a mere outcome of language largely influenced by the local dialect; (g) Whether the measure adopted is suitable for furthering the desired purpose; and (h) Balancing the interest of society, particularly the electorates, with those of the erring members. (Para 64)

Constitution of India - Article 212 - The prohibition under Article 212(1) operates only with respect to the scrutiny of ‘Proceedings in the Legislature’ on the touchstone of ‘Irregularity of Procedure’. It does not oust the power of judicial review of the decisions of the Legislature, whether Legislative or Administrative, on the grounds of illegality or unconstitutionality. (Para 23) ‘Proceedings in the Legislature’ comprise the formal steps, debates, and motions undertaken to facilitate deliberations within the House. It is a structured mechanism that ensures due consideration of a proposed measure, allowing for discussion, amendment, and scrutiny before reaching a final resolution. These procedural steps are not ends in themselves but are designed to channel legislative discourse towards a definitive outcome- A ‘Legislative Decision’ is the culmination of the legislative procedure—the formal expression of the will of the House on a given matter. 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. Judicial review of Legislative Decisions is not an encroachment upon legislative dominion but a necessary safeguard to uphold constitutional supremacy. (Para 13-14)

Constitution of India - Article 142- The extraordinary powers vested in this Court under Article 142 of the Constitution of India, may be invoked in cases where remitting the matter would result in undue delay and where the interests of justice demand a swift resolution - Court can transcend procedural limitations and provide equitable relief in cases where rigid adherence to legal provisions may result in injustice. When the established remedies fall short of addressing exceptional circumstances or fail to meet the demands of justice, this Court, as the final arbiter, must invoke its constitutional powers to bridge the gap and ensure a just, fair, and equitable resolution.(Para 84)

Legal Maxims - ‘Expression unius est exclusion alterius' -Whatever has not been included has, by implication, been excluded. (Para 15)

Doctrine of proportionality - doctrine of proportionality is fundamentally embedded in the concept of fairness in action across domestic, foreign, and international legal systems. This principle ensures that measures taken are appropriate, necessary, and balanced in relation to the objectives they seek to achieve. Proportionality is deeply intertwined with the principles of the Rule of Law and natural justice, as it guards against arbitrary or excessive actions. Consequently, it is interpreted as an implicit requirement in almost every legal provision, unless it is explicitly barred by the legislation itself. (Para 54)

Administrative Law - Distinction between legislative and administrative functions is well recognized in constitutional jurisprudence. When a legislative body frames rules under Article 208 and subsequently enforces them through disciplinary measures, such enforcement is an exercise of administrative power rather than legislative power. (Para 18) if such an administrative decision is found to be arbitrary, mala fide, or in violation of constitutional rights, it is open to judicial intervention in the same manner as any other executive action of the State. Determining whether an impugned action or breach is an exempted irregularity or justiciable illegality is a matter of judicial interpretation and would undoubtedly fall within the ambit of Constitutional Courts. (para 20)

Constitution of India - Article 32, 226 - There is no absolute bar on the Constitutional Courts to examine the proportionality of the punishment imposed on a member while reviewing the validity of the action taken by the House. By focusing on the proportionality of punishment, courts must ensure that justice aligns with constitutional values and societal norms, thereby upholding the integrity of the democratic process. (Para 62)