PANDIT M. S. M. SHARMA versus SHRI SRI KRISHNA SINHA AND OTHERS

PANDIT M. S. M. SHARMA versus SHRI SRI KRISHNA SINHA AND OTHERS

The majority held that legislative privileges under Article 194(3) prevail over the general fundamental right to freedom of speech and expression in Article 19(1)(a) by harmonious construction, and that publishing expunged portions and unfaithful reports may constitute breach of privilege; in case of conflict, privilege prevails unless mala fides are present.

Parties
Petitioner: Pandit M. S. M. Sharma; Respondents: Shri Sri Krishna Sinha and Others
Jurisdiction
India
Judgment Date
12 December 1958
Procedural Posture
Original Jurisdiction Petition / Final Judgment
Outcome
petition dismissed (majority), allowed (Subba Rao, J. dissenting)
Legal Topics
Privilege of Legislature, Freedom of Speech and Expression, Freedom of the Press, Publication of Proceedings, Relationship Between Legislative Privilege and Fundamental Rights
Constitutional Law Parliamentary Privilege Fundamental Rights Privilege of Legislature Freedom of Speech and Expression Freedom of the Press Publication of Proceedings Relationship Between Legislative Privilege and Fundamental Rights

Case Brief

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Parties

Pandit M. S. M. Sharma

Petitioner

Shri Sri Krishna Sinha and Others

Respondents

Procedural Posture

Original Jurisdiction Petition / Final Judgment

Legal Issues

  1. 1 Whether the privilege of the State Legislature to prohibit publication of proceedings, including expunged portions, prevails over the fundamental right to freedom of speech and expression under Article 19(1)(a)
  2. 2 Scope and extent of freedom of the press in India
  3. 3 Whether notice served and proposed action by the Committee of Privileges violates fundamental rights

Ratio Decidendi

The majority held that legislative privileges under Article 194(3) prevail over the general fundamental right to freedom of speech and expression in Article 19(1)(a) by harmonious construction, and that publishing expunged portions and unfaithful reports may constitute breach of privilege; in case of conflict, privilege prevails unless mala fides are present.

Court Disposition

petition dismissed (majority), allowed (Subba Rao, J. dissenting)

Orders

  • There will be no order as to costs.
  • Subba Rao, J.: Writ of Prohibition issued restraining respondents from proceeding against the petitioner (dissent).