7-judge SC bench to hear issue concerning legislative privileges on October 6

A seven-judge Constitution bench would commence hearing on October 6 on the interpretation of provisions related to the scope of legislative privileges of MLAs and its effect on the freedom of speech and expression, the Supreme Court said on Wednesday.

A separate issue concerning the power of the state legislature to impose additional levy on sales tax will be heard by a seven-judge bench from September 22, it said.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said the matter slated for September 22 would be heard from 2 pm to 4 pm in the post-lunch session so that hearing in other matters could go on in the pre-lunch session.

“One way is to list the matter for hearing from 2 pm to 4 pm. That will allow us to hear fresh and other miscellaneous matters also,” the CJI observed.

He said another way was to hear the arguments for the whole day on three days a week — Tuesday, Wednesday and Thursday.

The bench said hearing in the matter listed on October 6 would commence preferably at 11 am.

The issue concerning the interpretation of provisions related to the scope of legislative privileges of MLAs and its interplay with the fundamental right to freedom of speech and expression was referred to a five-judge bench in December 2003.

“It is evident that substantial questions of law as to the interpretation of Articles 194(3), 19(1)(a), interplay between these two articles, Article 21 and also as to the interpretation of other provisions of the Constitution of India are involved,” the apex court had said in its December 8, 2003 order.

In December 2004, when the matter came up before the five-judge bench, it was informed about the conflicting views on the issue by two separate benches.

The five-judge bench then recommended that the issue be placed before a seven-judge bench for authoritative determination.

One of the pleas — titled N Ravi and others versus Speaker, Legislative Assembly, Tamil Nadu — raises the question about whether fundamental rights override legislative privileges. 

The case pertains to 2003, when journalist N Ravi and others approached the top court after the Tamil Nadu Assembly Speaker K Kalimuthu ordered their arrest for alleged breach of privilege and contempt.

The top court had then stayed the arrest of six journalists and later referred the matter to a seven-judge bench in view of conflicting verdicts.

One of the judgments had held that fundamental rights should prevail, while the 1965 verdict said fundamental rights were subservient to parliamentary privileges.