Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India: Arts. 32 and 105(2) - Derogatory remarks in Facebook post by retired Judge of Supreme Court against Mahatma Gandhi and Subhash Chandra Bose |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Constitution of India: Arts. 32 and 105(2) - Derogatory remarks in Facebook post by retired Judge of Supreme Court against Mahatma Gandhi and Subhash Chandra Bose - Lok Sabha as well as Rajya Sabha by passing resolution condemned the remark.- - Writ petition seeking quashing of the resolutions - Maintainability of the petition - Held: Though Parliament/Houses have freedom of speech in Parliament and anything said by Members in the Parliament is immune from any proceeding in the Court - However, such immunity is not available to collective expression of opinio11 by all Members culmi11ati11g i11 a motio11 or resolution by the House - Therefore, the present writ petition is maintainable. Art.19(l}(a) - Derogatory remarks in Facebook post by retired Judge of Supreme Court, against Mahatma Gandhi a11d Subhash Chandra Bose - Condem11ed by Lok Sabha a11d Rajya Sabha by passi11g resolutio11s - Whether the condemnation resulted in impairing the freedom of speech of the Judge - Held: Art.19(1)(a) guarantees free speech and expressio11 - It makes 110 disti11ction a11d imposes 110 caveats whether such speech is popular or disse11ti11g i11 11ature - I11 the present case, the Judge had exercised the freedom of speech adequately - His freedom of speech in publica//y expressing his views or propagating his ideas was not in any man11er curtailed or impaired or placed under any restriction. c D E F G Art. 105(1) - Scope of - Derogatory remarks i11 Facebook post, by retired Judge of Supreme Court against Mahatma Ga11dhi a11d Subhash Chandra Bose - Resolutio11s passed by.Lok Sabha a11d Rajya Sabha condemning the derogatory remarks - Whether the Houses had jurisdiction to pass the resolutio11s - Held: For thefree functioning of the Houses of Parliament or Legislatures of State it is necessary that the representatives of people must be free to discuss and debate any issues or questions concerning general public interest. - It is entirely left to the discretion of the Presiding Officer to permit discussion so long as it is within the confines of Rulqs of Procedure - rr. 156, 155 and 157 of Rajya Sabha Rules B and rr. 171, 172 and 17 3 of Lok Sabha Rules show that a resolution could relate to a matter of general public interest which could be in the form of a declaration of opinion - However, the rules specify the condition that the resolution shall not refer to the conduct or character of persons except in their official or public capacity - In the present case, the condemnation by both the houses was of the c opinion of the petitioner and did not refer to the conduct or character of the petitioner - The resolutions were purely in the form of declaration of opinion - So long as the debate or discussion is within the confines of the rules, it will be expressly within the powers D of the House to disapprove such opinions - Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha) - n: 155, 156 and 157 - Rules of Procedure and Conduct of Business in Lok Sabha - rr. 171, 172 and 17 3. A E Art. 105 - Privilege under - Nature of - Held: The privilege of "freedom of speech in Parliament" is the privilege of Parliament/ House in the first instance and then to its members - Such privilege is not co11ji11ed to the individual members. Natural Justice: Right of being heard - Derogatory remarks made by a citizen F (a retired Judge of Supreme Court) against Mahatma Gandhi and Subhash Chandra Bose - Condemnation of the remarks by Lok Sabha and Rajya Sabha by passing resolutions, without granting opportunity of hearing to the citizen - Propriety of - Held: Passing of resolution without giving opportunity of hearing is a matter of concern - But, in what manner and to what extent the citizen be G protected and insulated is for the concerned Houses and Legislatures to decide. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2016 INSC 1145 |
Petitioner | Justice (retd.) Markandey Katju |
Respondent | The Lok Sabha & Anr. |
SCR | [2016] 11 S.C.R. 621 |
Judgement Date | 2016-12-15 |
Case Number | 504 |
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