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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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Expelling a Party Member 1

Expelling a Party Member 1

(p.306) 41 Expelling a Party Member1

A.G. Noorani

Oxford University Press

This article analyzes the disciplinary proceedings by the Congress Party against Mr Arjun Singh in a manner that appeared arbitary. Article 27(g) of the Congress(I)'s constitution says that the appropriate authority has the power to decide on disputes arising under the constitution, or the procedures it lays down between members and between them and committees. That decision shall be final and binding and cannot be questioned by anyone in a court of law. This is stranger as even Parliament cannot bar judicial review. According to law, the expulsion of a member should be governed by rules laid down in the party's constitution. The expulsion must be bonafide and in the interests of the party. The rules of natural justice must be followed and a member should be given every reasonable opportunity of defending himself.

Keywords:   disciplinary proceedings, Arjun Singh, Congress Party, Article 27(g), Congress(I)'s constitution, natural justice, Parliament, judicial review

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