JUSTICE (RETD.) MARKANDEY KATJU versus THE LOK SABHA & ANR.

JUSTICE (RETD.) MARKANDEY KATJU versus THE LOK SABHA & ANR.

The immunity under Article 105(2) does not extend to House resolutions condemning opinions expressed outside Parliament; judicial review is maintainable. The resolutions passed by the Lok Sabha and Rajya Sabha condemning the petitioner's remarks did not impair his freedom of speech or inflict any civil consequence. No violation of natural justice occurred, as no penalty or adverse civil effect resulted from the resolutions. The petition is dismissed as no relief is warranted.

Parties
Petitioner: Justice (Retd.) Markandey Katju; Respondents: The Lok Sabha & Anr.
Jurisdiction
India
Judgment Date
15 December 2016
Procedural Posture
Writ Petition (civil) / Final Disposition
Outcome
Petition dismissed
Legal Topics
Parliamentary Privilege, Freedom of Speech, Natural Justice, Rules of Procedure, Resolutions of Parliament
Constitutional Law Parliamentary Procedure Freedom of Speech Parliamentary Privilege Natural Justice Rules of Procedure Resolutions of Parliament

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Parties

Justice (Retd.) Markandey Katju

Petitioner

The Lok Sabha & Anr.

Respondents

Procedural Posture

Writ Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether resolutions passed by Lok Sabha and Rajya Sabha condemning remarks made by a retired Supreme Court Judge are immune from judicial review under Article 105(2) of the Constitution of India
  2. 2 Whether such condemnation by the Houses impairs the freedom of speech guaranteed to citizens under Article 19(1)(a)
  3. 3 Whether passing resolutions without hearing the person affected violates principles of natural justice

Ratio Decidendi

The immunity under Article 105(2) does not extend to House resolutions condemning opinions expressed outside Parliament; judicial review is maintainable. The resolutions passed by the Lok Sabha and Rajya Sabha condemning the petitioner's remarks did not impair his freedom of speech or inflict any civil consequence. No violation of natural justice occurred, as no penalty or adverse civil effect resulted from the resolutions. The petition is dismissed as no relief is warranted.

Court Disposition

Petition dismissed

Orders

  • Writ petition dismissed without costs