House Privileges Not Applicable To Activities Other Than Legislative Functions: Salve Submits For Facebook VP

OVERVIEW

The Supreme Court heard Facebook India Vice President,Ajit Mohan’s challenge to two summons which were provided by the Delhi Legislative Assembly’s Committee “Peace and Harmony” which asked him to investigate role of fake news behind the Delhi riots of February in last year.

On 23rd September, Court recorded the submission made on behalf of the Chairman of the Assembly Panel that no pressing actions will be taken against Mr. Mohan if he fails to appear.

WHAT IS HAPPENING NOW?

Senior Advocate Harish Salve submitted that Facebook can only be controlled by the Central Government and not the Legislative Assembly. He also presented that the Committee on Peace and Harmony, cannot call for third persons under virtue of privileges of the House.

While submitting on the primacy of privileges enjoyed by the Houses and the concept of parliamentary privilege he referred to the case of Amrinder Singh vs. Special Committee, Punjab VidhanSabha. In this case, SC observed that parliamentary privileges precede Parliament itself. They have been therefore called fundamental rights of the Houses.

He submitted that the concept of Parliamentary Privileges originate from balancing of rights between the Crown and the Parliament.

According to him, Committee was not bestowed the function of considering a law, and the functions performed by it were not legislative functions.

CONCLUSION REACHED

Salve submitted that there is a need to codify the law which guarantees privileges to the Parliament as not defining them can be problematic.

The hearing will be continued from 28th January, 2021.

WHAT ARE YOUR VIEWS REGARDING PRIVILEGES PROVIDED TO THE PARLIAMENT? DO LET US KNOW IN THE COMMENTS BELOW!