The Supreme Court observed that legislators cannot be unseated by courts, where as, it is the presiding officer of the house who is the appropriate authority for disqualifying a legislator.
These observations were made by a bench consisting of Chief Justice K. G. Balakrishnan, Justice Makandey Katju and Justice P. Sathasivam, while hearing a public interest lawsuit by Birendrah Singh, in which he sought disqualification of Congress parliamentarian Moni Kumar Subba from Tezpur in Assam.
Singh argued that Subba belongs to Nepal, from where he fled after committing a crime and is not an Indian citizen.