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breach of Previlage do not provide pwoer to vidhan sabha to disqualify

Raj Kumar Makkad ,
  19 May 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Breach of Privilege - Whether in the present case, breach of privilege can be attributed to the Appellant and whether it was proper for the Punjab Vidhan Sabha to consider the alleged misconduct as a breach of privilege in spite of the fact that it took place during the Vidhan Sabha's previous term?
Citation :
Amarinder Singh v. Special Committee, Punjab Vidhan Sabha and Ors. (Decided on 26.04.2010) MANU/SC/0298/2010

Held, breach of privilege by a member of the legislature can only be established when a member's act is directly connected with or bears a proximity to his duties, role or functions as a legislator but in the present case no such breach has been occurred. Ordinarily legislative business does not survive the dissolution of the House except in the case of the 'Doctrine of lapse' wherein the successor House can choose to take up a pending motion or any order of business after the re-constitution of the House. In the present case, the exception not available. Exercise of legislative privileges to punish past executive acts especially when there was no pending motion, report or any other order of business that was relatable to the said executive acts at the time of the re-constitution of the House is bad in law it was improper for the 13th Punjab Vidhan Sabha to claim a breach of privileges on account of the alleged misconduct which actually took place during the 12th term of the Vidhan Sabha.

 

 
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Published in Constitutional Law
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