Power of the House to punish its Members for unethical conduct or contempts
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O Joy Singh
Contd from previous issue
It is also made charged against him that through the campaign, he had maligned and had sought to bring into disrepute and contempt, the Parliament, its Members, the Government of India, and generally the image of the nation, in countries abroad. He had described our Parliament as “a captive Parliament with only 33 per cent of the Members attending”, and through speeches and writings, and interviews published in the foreign Press, that he had distorted facts and spread deliberate falsehood concerning the conditions in India and actions of the Government and Parliament are also the charges made against him.
Consequent on the adoption of the Motion by the Rajya Sabha on November 15, 1976, expelling from the Rajya Sabha Shri Subra-manian Swamy, a member elected to the Rajya Sabha from Uttar Pradesh, ceases to be a member of the Raya Sabha with effect from November 15, 1976.
Many cases for expulsion of Members of Legislative Assembly of the States were happened in India, and one of the instances which could be taken up here is that 10 (ten) Members of the Tamil Nadu Legislative Assembly were expelled from the membership of the House by adopting a motion on the charges for violation of the oath or affirmation made and subscribed as Members bearing true faith and allegiance to the Constitution of India under Article 188 of the Constitution of India read with Rule 4(1) of the Rules of Procedure and Conduct of Business in Tamil Nadu Legislative Assembly in 1986.
The facts of the above case is that as per a resolution of the Executive Committee Meeting of the Dravida Munnetra Kazhagam (DMK) resolved in its meeting held on November 9, 1986 at Coimbatore that the portion of Part XVII of the Constitution of India which provides for Hindi to be the Official Language of the Union should be burnt in Public meetings to be held between the period commencing on November 17, 1986 and ending with December 17, 1986 in various places in the State of Tamil Nadu and it has to be published in newspapers and public meetings that Constitution burning agitation had been carried on, some members of DMK, namely — (1) Thiru KJ Anbazhagan, (2) Thiru S Balan, (3) Thiru A Selvarasan, (4) Thiru P Ponnurangam, (5) Thiru Parithi Elamvazhuthi, (6) Thiru M Ramanathan, (7) Thiru R Chinnasamy, (8) Thiru M Abragham, (9) Thiru M. Abragam, and (10) Thiru C. Arumugam had burnt a copy of the said part of the Constitution of India in different public places of the State.
Apart from being an act of violation of the true faith and allegiance to the Constitution of India under Article 188 of the Constitution of India read with Rule 4(1) of the Rules of Procedure and Conduct of Business in Tamil Nadu Legislative Assembly, on the charges for - lowering the regard for the Constitution, the regard for the House constituted by it, the regard which a member of the House should have, derogatory to the dignity of the Constitution as well as the dignity (To be contd)
Contd from previous issue
It is also made charged against him that through the campaign, he had maligned and had sought to bring into disrepute and contempt, the Parliament, its Members, the Government of India, and generally the image of the nation, in countries abroad. He had described our Parliament as “a captive Parliament with only 33 per cent of the Members attending”, and through speeches and writings, and interviews published in the foreign Press, that he had distorted facts and spread deliberate falsehood concerning the conditions in India and actions of the Government and Parliament are also the charges made against him.
Consequent on the adoption of the Motion by the Rajya Sabha on November 15, 1976, expelling from the Rajya Sabha Shri Subra-manian Swamy, a member elected to the Rajya Sabha from Uttar Pradesh, ceases to be a member of the Raya Sabha with effect from November 15, 1976.
Many cases for expulsion of Members of Legislative Assembly of the States were happened in India, and one of the instances which could be taken up here is that 10 (ten) Members of the Tamil Nadu Legislative Assembly were expelled from the membership of the House by adopting a motion on the charges for violation of the oath or affirmation made and subscribed as Members bearing true faith and allegiance to the Constitution of India under Article 188 of the Constitution of India read with Rule 4(1) of the Rules of Procedure and Conduct of Business in Tamil Nadu Legislative Assembly in 1986.
The facts of the above case is that as per a resolution of the Executive Committee Meeting of the Dravida Munnetra Kazhagam (DMK) resolved in its meeting held on November 9, 1986 at Coimbatore that the portion of Part XVII of the Constitution of India which provides for Hindi to be the Official Language of the Union should be burnt in Public meetings to be held between the period commencing on November 17, 1986 and ending with December 17, 1986 in various places in the State of Tamil Nadu and it has to be published in newspapers and public meetings that Constitution burning agitation had been carried on, some members of DMK, namely — (1) Thiru KJ Anbazhagan, (2) Thiru S Balan, (3) Thiru A Selvarasan, (4) Thiru P Ponnurangam, (5) Thiru Parithi Elamvazhuthi, (6) Thiru M Ramanathan, (7) Thiru R Chinnasamy, (8) Thiru M Abragham, (9) Thiru M. Abragam, and (10) Thiru C. Arumugam had burnt a copy of the said part of the Constitution of India in different public places of the State.
Apart from being an act of violation of the true faith and allegiance to the Constitution of India under Article 188 of the Constitution of India read with Rule 4(1) of the Rules of Procedure and Conduct of Business in Tamil Nadu Legislative Assembly, on the charges for - lowering the regard for the Constitution, the regard for the House constituted by it, the regard which a member of the House should have, derogatory to the dignity of the Constitution as well as the dignity (To be contd)