The Supreme Court on Monday granted interim relief to former Samajwadi Party general secretary Amar Singh and actor-turned politician Jaya Prada from being expelled as MPs even if they defy their party’s whip in the house.
The apex court bench of Justice Altamas Kabir and Justice Cyriac Joseph granted the relief while referring their matter to a larger bench of the apex court. While Amar Singh is from the Rajya Sabha, Jaya Prada is a Lok Sabha member.
In their six points of references, the bench asked the larger bench to deliberate on the status of the members of parliament who have been expelled from their parties, as also the status of an unattached member.
Both Amar Singh and Jaya Pradha were expelled from Samajwadi Party for their alleged anti-party activities Feb 2.
Both of them were declared as unattached parliamentarians after their expulsion.
Under the existing provisions of the anti-defection law, both of them would forfeit their membership of the parliament if they defy their party’s whip or join any other party.
Both of them had filed a petition, saying that the application of the provisions of the anti-defection law in respect of them was violative of the basic structure of constitution.