In a setback to Bihar Chief Minister Nitish Kumar, the Supreme Court on Tuesday set-aside the expulsion of Rastriya Janata Dal’s lawmaker (MLC) Sunil Singh from the Bihar Legislative Council terming it (expulsion) as “excessive and disproportionate.”

Directing the restoration of the membership of the Legislative Council of the RJD leader Sunil Singh, a bench of Justice Surya Kant and Justice Nongmeikapam Kotiswar Singh said that the “period of expulsion already undergone … shall be deemed as a period of his suspension from the House and will amount to be sufficient punishment for his misdemeanour.”

Advertisement

“The Petitioner (Sunil Singh) is directed to be reinstated as a member of the BLC with immediate effect,” the court said in its judgment today.

Referring to the behavioural pattern of Sunil Singh – his “deliberate attempt to undermine the regulatory process and thwart the dispensation of justice” and “the fact that … (he) has demonstrated similar misconduct previously as well, for which he was suspended from the House for a brief period”, Justice Surya Kant speaking for the bench said, “Be that as it may, …, we are at the same time of the considered view that the House, as custodian of constitutional values and democratic principles, ought to exercise magnanimity and rise above petty criticism and unwarranted remarks against its members. In doing so, they would exemplify the virtues of tolerance, restraint, and institutional maturity, thereby reinforcing the dignity, impartiality, and respectability of their office.”

Reiterating the well-settled “principle of proportionality being a cornerstone of our judicial system,” which mandates that the “severity of the punishment must correspond to the gravity of the offence,” Justice Surya Kant further said, “This Court, in a series of decisions, has consistently held that punishment disproportionate to the offence or action is in direct violation of the Fundamental Rights enshrined in the Constitution of India, particularly Articles 14 and 21.”

Having underlined the observance of the “principle of proportionality” and the disproportionate punishment being in direct violation of fundamental rights – Articles 14 and 21 – , the judgment said, “The expulsion of the Petitioner from the House not only raises concerns about the violation of Fundamental Rights but also impacts the legal rights of his constituents. We find that the disproportionate nature of the punishment imposed by the House in expelling the Petitioner pricks the conscience of this Court compelling it to intervene on the sheet anchor of justice and fairness.”

Setting-aside, the expulsion of Sunil Singh and restoring his membership of the Legislative Co8uncil, the top court quashed the December 30, 2024, press-note issued by the Election Commission of India declaring the bye-election for the seat that was held by Sunil Singh. The court also annulled any action taken pursuant to the December 30, 2024, press-note by the poll panel.

Reinstating Sunil Singh’s membership of the Legislative Council, the top court said that “he shall not be entitled to claim any remuneration or other monetary benefits for the period of his disbandment.”

However, the judgment said that Sunil Singh “shall be entitled to such other perks and privileges which any other similarly placed MLC is entitled to upon completion of their full tenure.”