Mahua Moitra's Expulsion Beyond Judicial Review, Parliament Sovereign On Its Internal Proceedings : Lok Sabha Secretariat Tells Supreme Court

"Article 122 envisages a framework wherein the Parliament is allowed to exercise its internal functions and powers without judicial intervention in the first instance as the Parliament is sovereign in respect of its internal proceedings. There is also an initial presumption that such powers have been regularly and reasonably exercised, not violating the law or the constitutional provisions and courts will not lightly presume abuse or misuse thereof. As such, proceedings of the Parliament and its constituents cannot be called into question alleging any irregularity of procedure and the House of the People is the sole judge of the lawfulness of proceedings before it."

The Lok Sabha secretariat has raised a preliminary objection to the maintainability of Moitra's petition contending that a Member's expulsion from the house is beyond judicial review.

In this detailed response, the secretariat has also sought to justify Moitra's expulsion by citing her sharing of her exclusive Lok Sabha member portal access login and one-time password (OTP) with a Dubai-based businessman, Darshan Hiranandani, terming it a breach of ethics that could jeopardise national security.

Moitra's own admission to having shared the access to her Lok Sabha portal with Hiranandani to upload questions has been emphatically highlighted in this connection. It is also submitted that the Ministry of Electronics and Information Technology confirmed that Moitra's portal was accessed from Dubai 47 times using her login credentials. The secretariat also mentioned that the alleged quid pro quo between Moitra and Hiranandani was under investigation and referred to government authorities.

Regarding Moitra's complaint of being denied the opportunity to cross-examine complainants such as Bharatiya Janata Party MP Nishikant Dubey and others, the secretariat argued that her admission to sharing login credentials made this denial inconsequential. 

The secretariat also emphasised that the parliamentary inquiry and subsequent expulsion were based on a detailed examination of the complaint against her. The committee of ethics followed due procedure, including summoning Moitra, Dr Nishikant Dubey, and advocate Jai Anant Dehradai to provide oral evidence. It also rejected Moitra's contention that her expulsion was disproportionate, citing earlier judgments of the apex court recognising the Parliament's jurisdiction in matters of expulsion.

"The Supreme Court, in the judgment of Raja Ram Pal, clearly recognised that expulsion is well within the jurisdiction and the power of contempt exercised by the House. Thus, the petitioner's averment that the expulsion is disproportionate is not in consonance with the decision of this court. Moreover, this court has further held that the decision of the Parliament cannot be re-examined on facts, as to whether it was appropriate to expel the member concerned, for the allegation made or not."

Moitra's expulsion from the Lok Sabha follows allegations of unethical conduct and breach of privilege. The controversy erupted after Bharatiya Janata Party MP Nishikant Dubey wrote to Lok Sabha Speaker Om Birla in September last year, based on a complaint by lawyer Jai Anant Dehradai alleging that Moitra accepted money and favours to pose questions in Parliament. Businessman Darshan Hiranandani, in an affidavit to the ethics committee, claimed that Moitra provided him with her Lok Sabha portal login credentials. According to the allegations, the businessman used this access to submit questions to Parliament on Moitra's behalf, giving her cash and gifts in exchange.

In the wake of these accusations, not only was a parliamentary inquiry launched against her, but the Central Bureau of Investigation (CBI) also initiated a preliminary first information report (FIR) in the case. Moitra was expelled from the Lok Sabha on December 8. Following this, the TMC leader approached the Supreme Court.

Mahua Moitra v. Lok Sabha Secratariat & Ors. | Writ Petition (Civil) No. 1410 of 2023