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Constitutional law

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.

  • Parliamentary privilege
  • Freedom of speech
  • Natural justice
  • Rules of procedure
  • Resolutions of parliament
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