Suspension of MLAs

Subject – Polity

Context – House can’t suspend member for more than 59 days, says Supreme Court

Concept –

Underlining that Legislative Assemblies have to function within the Constitution, the Supreme Court observed that the decision to suspend 12 BJP MLAs from Maharashtra Assembly for one year is prima facie unconstitutional, as there is a constitutional bar to it operating beyond six months.
The court said while the House has power to suspend a member, it cannot be for more than 59 days.
It pointed out that under Article 190(4) of the Constitution, if a member of a House is absent from all meetings without its permission for a period of 60 days, the House may declare the seat vacant.
Each constituency has an equal amount of right to be represented in the House, the court said.

To know about Suspension of MPs, please refer November 2021 DPN.