Supreme Court asks “What is the fundamental right that is violated?” to Lakshadweep MP, Mohd. Faizal

On March 28, 2023, the Supreme Court of India questioned disqualified Lakshadweep MP, Mohammed Faizal, regarding his fundamental rights that have been violated. Lakshadweep MP moved the top Court challenging the delay in restoring his Lok Sabha membership by the Lok Sabha Secretariat. During the hearing, the bench including Justices KM Joseph and BV Nagarathna asked the counsel representing Mohd. Faizal, “What is the fundamental right that is violated?” The Counsel replied that the action of taking away the right to represent the constituency was completely arbitrary. The bench further asked the Counsel to move to the High Court whereas after hearing brief submissions, the matter was listed for hearing on March 29, 2023, Wednesday (today). 

Today, Lok Sabha Secretariat issued a notification highlighting “the disqualification of Lakshadweep MP Mohd. Faizal has ceased to operate subject to further judicial pronouncements.” This notification came before the Supreme Court’s hearing today regarding the plea stating, “The petitioner is constrained to invoke the extraordinary jurisdiction of this court under Article 32 of the constitution of India, against the unlawful inaction on the part of the respondent, Secretary General of the Lok Sabha Secretariat in notwithstanding the notification dated January 13, 2023, whereby the petitioner was disqualified from his membership of parliament from the Lakshadweep parliamentary consistency.”

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