Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 194 - Members of State Legislative Assembly - Suspension for breach of · privileges - 105 Constitution of India - Arts.14 19(/){g) 21 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Constitution of India - Arts.14, 19(/){g), 21, 105, 194 - Members of State Legislative Assembly - Suspension for breach of · privileges - First assembly resolution whereby suspension of nineteen members including petitioners, from the House for the remainder period of the current Session - Members allegedly obstructed proceedings of the assenibly - Thereafter, constitution of Privileges Committee which held that the actions of the petitioners amounted to breach of privilege, and recommended the action to be taken against them - Second Assembly Resolution passed whereby suspensiOn of the petitioners for ten days of the next session of the House - Members not to be paid their salaries or given other benefits - Writ petition challenging the second Resolution - Held: By preventing the legislator from participating in the proceedings of the House, though there is a curtailment of the petitioner-members' right of free speech in the Legislative Assembly to which they are entitled u!Art. 194 but the impugned order does not violate fundamental rights of petitioners guaranteed under!A'd. 19(/)(a). -· Right to participate in the proceedings of the legis/ptive. bodies is not a fundamental right falling u/Art. 19(/)(g) - Member of the. legislative assembly cannot be treated as pursuing an 'occupation' · u!Art. 19(/)(g) - Further, the only material relied upon by the Privileges Committee to identify all the members and recommend action against them for breach of privilege was the video recording - It was the legal obligation of the Committee to ensure that a copy of the video recording was supplied to the members·- Failure to supply a copy of the video recording or affording an opportunity to the petitioners to view the video recording resulted in the violation of the principles of natural justice-denial of a reasonable opportunity to meet the case - Thus, the second resolution passed by the State Legislative Assembly set aside - Tamil Nadu Legislative Assembly Rules - r.121(2) - Principles of natural justice. Arts. 105, 194, 19(l)(a) - Freedom of ~peech available to a member of the legislative body and freedom of speech inhering in a citizen - Scope and amplitude of - Held: Are totally different - Citizen has a right to enter the legislative body and exercise his freedom of speech after he gets elected to a legislative body - After the cessation of the membership of the legislative body, legislator would not continue to enjoy the freedom of speech contemplated u/Arts. 105 and 194. Judicial review - Scope of- In matters relating to action taken against members by the legislative bodies - Held: Is limited - Non-compliance with the principles of natural justice is one of the limited grounds. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2016 INSC 166 |
Petitioner | Alagaapuram R. Mohanraj & Others |
Respondent | Tamil Nadu Legislative Assembly Rep. By Its Secretary & Another |
SCR | [2016] 6 S.C.R. 611 |
Judgement Date | 2016-02-12 |
Case Number | 455 |
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