SC reinstates RJD leader as Bihar MLC, says expulsion for remark about Nitish Kumar disproportionate

The Supreme Court on Tuesday reinstated Rashtriya Janata Dal leader Sunil Kumar Singh as a member of the Bihar Legislative Council and stayed an Election Commission notification for bye-elections to his seat, reported Live Law.

Singh had been expelled for unruly behaviour and making allegedly defamatory remarks about Bihar Chief Minister Nitish Kumar in the House in February 2024.

The court ruled that Singh’s expulsion violated his rights and the rights of his electorate, but condemned his behaviour as “abhorrent” and “unbecoming”. It deemed the expulsion “highly excessive” and “disproportionate”.

The court directed that the seven months of expulsion already served by Singh be considered a suspension, and said that this was sufficient punishment for his misconduct. The court clarified that its intervention was limited to the nature of the punishment and should not be seen as an approval of Singh’s behaviour.

The bench of Justices Surya Kant and N Kotiswar Singh concluded in its judgement that there was no bar on courts questioning legislative decisions. Judicial reviews of legislative decisions under Article 212 of the Constitution do not encroach on the legislative domain, the judgement stated.

Article 212, part of the doctrine of separation of powers, states that the validity of proceedings in the legislature cannot be questioned by a court.

The bench held…

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