This document discusses parliamentary privileges and sovereignty in India, including key cases related to freedom of speech in parliament, the immunity of statements made in parliament from legal proceedings, and the relationship between parliamentary privileges and fundamental rights. It covers issues like whether privileges or fundamental rights take precedence, the scope of legislative bodies to punish contempt occurring outside the legislature, and the right of legislative bodies to publish their proceedings.
This document discusses parliamentary privileges and sovereignty in India, including key cases related to freedom of speech in parliament, the immunity of statements made in parliament from legal proceedings, and the relationship between parliamentary privileges and fundamental rights. It covers issues like whether privileges or fundamental rights take precedence, the scope of legislative bodies to punish contempt occurring outside the legislature, and the right of legislative bodies to publish their proceedings.
This document discusses parliamentary privileges and sovereignty in India, including key cases related to freedom of speech in parliament, the immunity of statements made in parliament from legal proceedings, and the relationship between parliamentary privileges and fundamental rights. It covers issues like whether privileges or fundamental rights take precedence, the scope of legislative bodies to punish contempt occurring outside the legislature, and the right of legislative bodies to publish their proceedings.
1. Freedom of speech- Sir John Eliot Case- Seditious speech in parliament, convicted , the word spoken in parliament can only be judged in parliament. Article 121 Limitation in freedom of speech of parliament. 2. Tej Kiran Jain v. Sanjeeva Reddy (1970)- Whatever said in parliament is immune from any kind of proceeding in any court. 3. PV Narsimha Rao v. CBI – 4. In re article 143 , Keshav Singh (1965)- Article 19(1) v Privileges – Privileges will prevail , Article 21 v Privileges- 21 will prevail. 5. MSM Sharma v. Shri Krishna Sinha (Searchlight case) (1959)- 6. Raja Rampal v. Hon Speaker Lok Sabha (2007)- Cash v Query 7. Alaga Puram R Mohan Raj v. Tamil Nadu Legislative Assembly (2016SC)- Court held that freedom of speech guaranteed to legislators is merely a constitutional right and cant be equated with the fundamental rights of freedom of speech embodied in article 19(1)(a). Para 18- Flows from 4 main factors Fundamental rights under article 19(1)(a) inheres in every citizen the constitutional right under 194 and 105 only inheres in the legislators, while the former is alienable the latter only applies btn the tenure of legislature in the assembly or parliament, while the geographical scope is not circumscribed by the constitution the latter only applies within the confines of legislative bodies, while the former is subject to reasonable restrictions under article 19(2) the latter is subject to rules of legislative body and constitutionally imposed restrictions under article 121 or 211. 8. Markandey Katju v. Lok Sabha (2017)- FB Post about Gandhi Subash Chandra Bose. Parliament has power to pass resolutions condemning any adverse remarks against historically respected personalities made by a stranger / non member in public domain for consumption of general public, without making any reference in the resolutions about conduct or character of maker of remarks article 19(1)(a) which recognises freedom to publicly express dissenting opinion as well not affected by such resolutions made purely in the form of declaration of purely in the opinion of the house . 9. Kalpana Mehta v. Union of India- The court held that free speech within parliament is crucial fo)r democratic governance it is through the fearless expression of the views that parliamentarian pursue their commitments to those who elect them, the power of speech exacts democratic accountability from elected government, the free flow of dialogue ensures that in framing legislations and overseeing government policies, parliament reflects the diverse views of the electorates with an elected institution represents. 10. Right of publication of its proceedings- 11.Stock dale v. Hansard (1839) 12.Surendra v. Nava Krishan (1958)- 13.Wason v. Walter 14.PV Narsimha Rao v. State through CBI (1998) 15.MSM Sharma v. S K Sinha (1959)-
Privileges and Fundamental Rights
16.GunaPati Keshavram Reddy v. Nafeesul Hasan (1954)- Fundamental rights will prevail over parliamentary privileges. 17.MSM Sharma v. S K Sinha (1959)- Privileges will prevail over fundamental rights. Privileges and Judiciary 18. In re article 143, Keshav Singh (1965)- Article 19(1) v Privileges – Privileges will prevail , Article 21 v Privileges- 21 will prevail. (UP LA Assembly speaker v. Judges of Allahabad High Court). 19.Whether the legislature is sole and exclusive judge of its privileges and whether it is competent to punish a person for its contempt taking place outside the legislature, whether the high court who entertained the petition of habeus corpus challenging the validity of detention of a person by LA has committed contempt of house. SC Held that the two judges are not guilty of contempt because judicial review power was being exercised it is their duty. 20.Raja Rampal v. Hon Speaker Lok Sabha (2007)- Cash for Query 21.