LexALAGAAPURAM R. MOHANRAJ & OTHERS versus TAMIL NADU LEGISLATIVE ASSEMBLY REP. BY ITS SECRETARY & ANOTHER
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2016] 6 S.C.R. 611
ALAGAAPURAM R. MOHANRAJ & OTHERS
; A
v.
TAMIL NADU LEGISLATIVEASSEMBLY REP. BY ITS
SECRETARY & ANOTHER
(Writ Petition (Civil) No. 455 of2015)
B
· FEBRUARY 12, 2016
[J. CHELAMESWAR AND ABHAY MANOHAR SAPRE, JJ.]
Constitution of India - Arts.14, 19(/){g), 21, 105, 194 -
Members of State Legislative Assembly - Suspension for breach of · C
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
D
E
not a fundamental right falling u/Art. 19(/)(g) - Member of the. F
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
611
G
H
612
SUPREME COURT REPORTS
[2016] 6 S.C.R.
A
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 -
B
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.
c
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.
Allowing the writ petition, the Court
D
HELD: 1.1 It is clear from the scheme of Articles 105 and
E
F
G
H
194 of the Constitution that the constitutional declaration of
freedom of speech in the legislative bodies creates a constitutional
right in favour of the members of such legislative bodies. The
dimensions and contours of such right are greatly different from
the dimensions and contours of the fundamental right of speech
and expression guaranteed under Article 19(l)(a). Therefore, the
scope and amplitude of the freedom of speech inhering in a citizen
and available to a member of the legislative body are totally
different. No citizen has a right to enter the legislative body and
exercise his freedom of speech unless he first gets elected to
such a legislative body in accordance with law. No legislator would
continue to enjoy the freedom of speech contemplated under
Articles 105 and 194 after the cessation of the membership of
the legislative body. [Para 18) [622-A-B; 623-C; 624-A-B)
1.2 No doubt, when a legislator is prevented from
participating in the proceedings of the House during the currency
of the membership .by virtue of some proceedings taken against
such a legislator, there would be a curtailment of the legislator's
constitutional right of free speech in the House of which such
legislator is a member. But such curtailment is sanctioned by
Constitution in viewExcerpt shown. Read the full judgment & AI analysis in Lexace.