1. Elected Member of Parliament in custody — inability to take oath — risk of loss of membership. (Para 1 )
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2000 Supreme(SC) 288
SUPREME COURT OF INDIA
G.T.Nanavati : S.N.Phukan
Rajesh Ranjan
Versus
State Of Bihar
Case No. : 4018 of 1999
Date of Decision : 2/4/00
Advocates Appeared: Ojha Yatin : Parameswaran P. : Rao A.D.N. : Salve Harish N. : Singh R.P. : Singh Rajeev : Tulsi K.T.S.
Important Points
An elected Member of Parliament in custody may be permitted to take the oath of office and attend parliamentary proceedings to prevent loss of membership. Additionally, the dismissal of a prior special leave petition shall not influence the merits of future bail applications.
Subject
Constitutional Law - Parliamentary Procedure
Headnote
(A) Constitutional Law - Parliamentary Procedure - Oath of Member of Parliament - Custody of elected representative - Direction to allow an elected Member of Parliament in custody to take oath and attend proceedings to prevent loss of membership - Custody to be maintained by authorities during the process. (Para 1)
(B) Criminal Procedure - Bail - Future applications for bail to be decided on merits without being influenced by the dismissal of a previous special leave petition. (Para 3)
Facts of the case:
An elected Member of Parliament was in custody and had not yet taken the oath of office. Failure to take the oath would likely result in the loss of membership of Parliament.
Findings of Court:
The court directed the state authorities to transport the petitioner to the appropriate location for taking the oath and attending parliamentary proceedings for one day, after which he was to be returned to custody. The court also permitted the petitioner to make recommendations for the utilization of grants available to a Member of Parliament.
Issues: Whether an elected Member of Parliament in custody should be permitted to take the oath of office and attend parliamentary proceedings to avoid forfeiture of membership.
Ratio Decidendi: To prevent the loss of parliamentary membership, an elected representative in custody may be temporarily produced before the appropriate authority to take the oath and attend proceedings, provided custody is maintained. Furthermore, the dismissal of a special leave petition should not prejudice the merits of future bail applications.
Result: Special leave petition disposed of.
(B) Criminal Procedure - Bail - Future applications for bail to be decided on merits without being influenced by the dismissal of a previous special leave petition. (Para 3)
Facts of the case:
An elected Member of Parliament was in custody and had not yet taken the oath of office. Failure to take the oath would likely result in the loss of membership of Parliament.
Findings of Court:
The court directed the state authorities to transport the petitioner to the appropriate location for taking the oath and attending parliamentary proceedings for one day, after which he was to be returned to custody. The court also permitted the petitioner to make recommendations for the utilization of grants available to a Member of Parliament.
Issues: Whether an elected Member of Parliament in custody should be permitted to take the oath of office and attend parliamentary proceedings to avoid forfeiture of membership.
Ratio Decidendi: To prevent the loss of parliamentary membership, an elected representative in custody may be temporarily produced before the appropriate authority to take the oath and attend proceedings, provided custody is maintained. Furthermore, the dismissal of a special leave petition should not prejudice the merits of future bail applications.
Result: Special leave petition disposed of.
Legal Category Hierarchy
Table of Contents
2. Request for temporary release from custody to take oath of office and attend parliamentary proceedings. (Para 1 )
3. Failure to take the oath of office may lead to the loss of parliamentary membership. (Para 1 )
4. An elected representative in custody may be permitted to take the oath of office to prevent loss of membership. (Para 1 )
5. Directions issued for production of petitioner to take oath, attend proceedings, make grant recommendations, and decide future bail on merits. (Para 1 , 2 , 3 , 4 )
6. Can an elected Member of Parliament in custody be permitted to take the oath of office?
Yes, the court may direct authorities to produce the elected member before the Speaker or designated officer to take the oath to prevent the loss of parliamentary membership. (Para 1 )
7. Does the dismissal of a special leave petition influence the merits of a subsequent bail application?
No, any future application for bail must be decided on its own merits without being influenced by the fact that a previous special leave petition was dismissed. (Para 3 )
8. May an elected representative in custody exercise official functions, such as grant recommendations, after taking the oath?
Yes, the court may permit an elected member to make recommendations for the utilization of grants associated with their office after they have taken the oath. (Para 2 )
(1) THE petitioner Rajesh Ranjan is an elected Member of Parliament. He has not taken oath so far and unless he is allowed to take oath, he is likely to lose his membership of Parliament. We, therefore, direct the State of Bihar and other authorities concerned to take the petitioner to Parliament Police Station on 23/2/2000 at 10.00 a.m. Officers taking the petitioner to Parliament Police Station shall hand him over to the appropriate staff of the Lok Sabha Secretariat so that they may take the petitioner to the Speaker of the Lok Sabha or the designated officer for the purpose of taking oath on that day. The petitioner shall also be permitted to attend the proceedings of Parliament on that day. Learned Solicitor General states that after the petitioner is given the oath and after he attends Parliament session on that day, the Secretariat of Parliament will hand him over back to the authorities who shall then take him back to the place of custody.
(2) WE also direct the authorities to permit the petitioner to make recommendations for utilisation of the grant which he may get as an MP after he takes oath.
(3) IF any application for bail is made by the petitioner in future then the said application will have to be decided on its own merits without being influenced by the fact that his earlier special leave petition was dismissed.
(4) THE special leave petition is disposed of accordingly.
