On Tuesday, the Supreme Court overturned the expulsion of Rashtriya Janata Dal (RJD) legislator Sunil Kumar Singh from the Bihar Legislative Council, deeming the penalty “excessive” and “disproportionate.” While emphasizing the need for lawmakers to show restraint and uphold decorum due to their influential roles in democracy, the court found the punishment too harsh. Singh had been expelled in July 2024 for allegedly making derogatory remarks about Bihar Chief Minister Nitish Kumar during a heated clash.
Justices Surya Kant and N Kotiswar Singh, while calling Singh’s behavior “abhorrent” and unfit for a legislator, ruled that expulsion was unwarranted. Invoking Article 142 of the Constitution for complete justice, they converted the expulsion into a suspension covering the same period, with Singh ineligible for financial benefits during that time.
The Bihar Legislative Council had defended the expulsion, pointing to Singh’s repeated misconduct and defiance. Its ethics committee recommended his removal after he allegedly mocked Kumar by mimicking him and challenged the committee’s competence, further aggravated by his refusal to attend meetings or apologize. The expulsion motion passed on February 13, 2024, following the committee’s report.
Singh, a vocal critic of Nitish Kumar’s government and an ally of RJD leader Lalu Prasad Yadav, contrasted with another RJD legislator, Mohd Qari Sohaib, who faced only a two-day suspension for similar disruptive behavior after apologizing. The council, represented by senior advocate Ranjit Kumar, argued that Singh’s removal followed due process and was essential to preserve legislative dignity, citing his alleged pattern of misbehavior.
Singh’s legal team, led by senior advocates Abhishek Manu Singhvi and Gopal Sankaranarayanan, contested the punishment’s fairness, highlighting lesser penalties for others like Sohaib. They argued Singh’s remarks—calling Kumar a “Palturam” (implying political inconsistency)—reflected public sentiment, not a personal attack.
The Supreme Court agreed the punishment was disproportionate compared to precedents, stressing that while discipline in legislative bodies is vital, expulsions must not be arbitrary. It also canceled an Election Commission notification for a by-election to fill Singh’s seat.
