Supreme Court of India· 25 February 2025

Can this Court under Article 142 of the Constitution substitute a lesser punishment for a member's expulsion where remanding the matter would cause undue delay?

Dr. Sunil Kumar Singh v. Bihar Legislative Council (Through Secretary) and Ors.

2025 INSC 264 · WRIT PETITION (CIVIL) No. 530 OF 2024
Coram: Surya Kant; Nongmeikapam Kotiswar Singh

🔖 Save this judgment 🔔 Follow Art. 212(1) Constitution of India 📬 Get today's judgments

View the original judgment PDFFree to read. To download it — or the LexStreak typeset copy with the headnote and Points of Law — create an account; downloads are part of the Pro plan.

Answer

Yes. Where remitting the matter to the disciplinary authority would be protracted and deprive the member of participating in ensuing Sessions, this Court may invoke Article 142 to do complete justice, treating the period of expulsion already undergone as a period of suspension and directing reinstatement.

Headnote

Constitution of India — Art. 212(1), Art. 208 — Ethics Committee action — Administrative, not legislative — Constitution of India — Art. 212(1) — Proceedings in the Legislature vs. Legislative Decision — Ethics Committee action reviewable — Held: Article 212(1) bars scrutiny only of 'Proceedings in the Legislature' for procedural irregularity; it does not oust judicial review of a 'Legislative Decision' or an administrative action of a House committee for illegality or unconstitutionality. The Ethics Committee's recommendation, being administrative under Article 208, is neither, and remains reviewable. (¶23) Constitution of India — Art. 14, Art. 21 — Doctrine of proportionality — Applies to House disciplinary action — Held further: There is no absolute bar on Constitutional Courts examining the proportionality of a punishment imposed by the House on a member while reviewing the validity of that action. Courts intervene only when the punishment prescribed is so disproportionate that it shocks the intrinsic sense of justice. (¶60, 62) Constitution of India — Art. 142 — Expulsion disproportionate — Reinstatement directed — Held further: The petitioner's expulsion was excessive and disproportionate to the misconduct alleged. Invoking Article 142 to do complete justice, the period already undergone is deemed a period of suspension, the Impugned Report and Notification are modified to that extent, and the petitioner is directed to be reinstated. (¶77, 86)

In the Court's own words

Paragraph 81Having said that, it is equally important to underscore that this Court is not devoid of the power to intervene in exceptional circumstances. In order to curtail perpetuating illegality, abridge prolonged litigation, prevent unnecessary hardship to the parties involved and to do complete justice, this Court in exercise of its powers under Article 142 of the Constitution, is vested with the authority to substitute the punishment where the facts and circumstances so warrant.33

Paragraph 83Considering the foregoing facts and circumstances, we are of the view that if this matter is now remanded to the Ethics Committee for reconsideration of the appropriate punishment, the ensuing process is likely to be protracted, which might deprive the Petitioner in participating in the ensuing Sessions.

Paragraph 86Balancing the competing considerations, we hold that the period of expulsion already undergone by the Petitioner is deemed to be considered as a period of his suspension; and in our view, constitutes sufficient punishment for the misconduct displayed by him. Accordingly, the Impugned Report of the Ethics Committee and the subsequent Notification notifying the expulsion of the Petitioner deserves to be modified to that extent. As a segue thereto, the Petitioner is directed to be reinstated as member of the BLC with immediate effect.

Acts & Sections

Art. 212(1) Constitution of IndiaArt. 208 Constitution of IndiaArt. 14 Constitution of IndiaArt. 21 Constitution of IndiaArt. 142 Constitution of India

One judgment a day. That's the whole habit.

Read the full text of Dr. Sunil Kumar Singh v. Bihar Legislative Council (Through Secretary) and Ors. — and get the Supreme Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.

Create my free account

Free forever plan · 30 seconds · data stays in India

Open the full judgment →

Also decided in this judgment

Whether the instant Writ Petition is maintainable in view of Article 212(1) of the Constitution of India and whether the proceedings of the Ethics Committee of a State Legislative Council are amenable to judicial review?Can this Court, in exercise of its writ jurisdiction, review the proportionality of the punishment imposed by the House on one of its members?

Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections