Raja Ram Pal v. Hon’ble Speaker, Lok Sabha and Others. (A critical analysis)

National emergency short, let us say, of the actual invasion of this country itself ought in any way to restrict or prevent the entire freedom of parliamentary discussion. Winston Churchill
Introduction:-
A Constitution Bench led by Cheif Justice Sabharwal brought about the first binding change in the law of privileges in India in Raja Ram Pal V The Hon’ble Speaker, Lok Sabha. The Court held that the Power of Judicial Review under Article 13(2) would extend to the privileges on a case to case basis overruling its earlier decisions.
In Raja Ram Pal the Court said: “That the Constitution is the Supreme lex in this Country is beyond the pale of any controversy. All organs of the State derive their authority, jurisdiction and powers from the Constitution and owe allegiance to it. This includes this Court also which represents the judicial organ.'
In the instant case the primary question before the court was whether in exercise of the powers, privileges and immunities of the members of the parliament are the Houses of Parliament competent to expel their respective Members from membership of the House. If such a power exists, is it Subject to judicial review and if so, the scope of such judicial review and whether the court has the jurisdiction to try such a case.
The aforesaid question have arisen against the allegation that the Members of Parliament (MPs) indulged in unethical and corrupt practices of accepting monetary consideration in relation to their functions as MPs.
The decision of the Supreme Court of India in Raja Ram Pal v The Hon’ble Speaker, Lok Sabha, & Ors, is a clear expression of a very basic feature of the Indian constitutional mechanism: where