SC May Defer Ruling On Free Speech Vs Legislative Privilege As 2003 Dispute Turns Academic
The Supreme Court on Monday indicated that it may defer examining the larger constitutional questions surrounding legislative privilege and its conflict with the fundamental right to freedom of speech and expression after being told that the Tamil Nadu Assembly resolution that triggered the case was withdrawn in 2004. Chief Justice of India Surya Kant said the seven-judge Constitution Bench could…
The Supreme Court of India may postpone ruling on the complex issue of balancing legislative privilege with the fundamental right to free speech, following a 2003 controversy involving Tamil Nadu Assembly journalists. Chief Justice Surya Kant suggested the court could briefy address the matter on Tuesday, before disposing of the proceedings and leaving the broader questions for a live dispute.
Senior advocate Raju Ramachandran, representing the Tamil Nadu Assembly, stated that the original resolution had been withdrawn in 2004, rendering the issue academic. However, Attorney General R Venkataramani and Solicitor General Tushar Mehta agreed that the case may still be relevant. Kapil Sibal argued that while the original dispute may be academic, the larger constitutional questions remain significant.
The case originated from the Tamil Nadu Assembly's imprisonment of The Hindu journalists in 2003, which was later stayed by the Supreme Court. The seven-judge bench, initially formed in December 2003, became crucial in examining legislative privileges and their conflict with freedom of speech.
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