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Previlage in the assembly d not means disqualification from house

Raj Kumar Makkad ,
  19 May 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Scope of legislative privileges - Interpretation of Article 194(3) of the Constitution of India, 1950 - Whether, in the instant Petition, alleged misconduct on part of the Appellant and the Petitioners warranted exercise of legislative privileges under Article 194(3) of the Constitution of India?
Citation :
Amarinder Singh v. Special Committee, Punjab Vidhan Sabha and Ors. (Decided on 26.04.2010) MANU/SC/0298/2010

Held, Article 194 conferred powers, privileges and immunities on the state legislature. Powers under Article 194(3) are not independent but 'necessary' for the conduct of the business of the House. In the present case, the allegations against the Appellant were regarding improper exemption of a particular plot of land from an acquisition scheme. Such misconduct is not termed as a obstruction to the conduct of legislative business. Proper course is to pursue criminal investigation and prosecution before the appropriate judicial forum. Expelling of Appellant's from Vidhan Sabha cannot be justified as a proper exercise of 'powers, privileges and immunities' conferred by Article 194(3). Appellant's expulsion in the present case is beyond the legitimate exercise of the privilege power of the House and constitutionally invalid. Appellant's membership in the Punjab Vidhan Sabha restored.

 

 
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Published in Constitutional Law
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