The Legislature and the Judiciary : Judicial Pronouncements on Parliament and State Legislatures

Contents: Section I: Analysisof Case Laws: 1. Powers, Privileges and Immunities of Parliament and State Legislatures. 2. Powers, Privileges and Immunities of Members. 3. Sessions, Prorogation and Dissolution. 4. Members’ Right to Attend Session of the House while Under Arrest/Detention. 5. Writ Petitions Challenging Resolutions Adopted by the House. 6. Writ Petitions Challenging Decisions of the Chairman/Speaker. 7. Qualifications and Disqualifications of Members of Parliament and State Legislatures. 8. Anti-defection Law (Tenth Schedule). 9. Resignation, Removal and Vacation of Seat. 10. Oath or Affirmation. 11. Voting in the House. 12. Introduction and Passing of Bills. 13. Address and Messages of President/Governor to the House or House(s). 14. Conflict of Powers of the Legislature vis-a-vis the Judiciary. Topic-wise List of Cases. Section II: Summary of Cases: 1. A. K. Roy and Ors v. Union of India and Ors. 2. A. K. Subbaiah v. Ramakrishna Hedge and Ors. 3. A. Kunjan Nadar v. The State. 4. A. M. Paulraj v. The Speaker, Tamil Nadu Legislative 165Assembly, Madras and Anr. 5. A. Swamickan v. K. Venkatachalam and Anr. 6. Ajit Singh v. State (Delhi), Through CBI. 7. Amarinder Singh v. Special Committee, Punjab Vidhan Sabha and Ors. 8. Anand Bihari Mishra v. Ram Sahay. 9. Anand Mohan v. Union of India and Ors. 10. Ansumali Majumdar and Ors v. The State of West Bengal and Anr. 11. Baljeet Singh v. Election Commission of India and Ors.12. Bhagwan Dass Sehgal v. State of Haryana and Ors. 13. Biharilal Dobray v. Roshan Lal Dobray. 14. Brundaban Nayak v. Election Commission of India and Anr. 15. C. Srikisen v. State of Hyderabad and Ors. 16. C. Subramaniam v. Speaker of Madras Legislative Assembly and Ors. 17. Chhabildas Mehta, MLA and Ors v. The Legislative Assembly, Gujarat State and Ors. 18. D. Murugesan v. The Hon’ble Speaker (Thiru Sedapatti R. Muthiah) Tamil Nadu Legislative Assembly. 19. Dr Jatish Chandra Ghosh v. Harisadhan Mukherjee and Ors. 20. Dr Jatish Chandra Ghosh v. Harisadhan Mukherjee and Ors. 21. Dr Kashinath G. Jalmi and Anr v. The Speaker and Ors. 22. Dr Luis Proto Barbosa v. Union of India and Ors. 23. Dr Mahachandra Prasad Singh v. The Hon’ble Chairman, Bihar Legislative Council and Ors. 24. Durga Das Rathore v. The State of Bihar and Ors. 25. G. Vasantha Pai v. C. K. Ramaswamy and Anr. 26. G. Viswanathan v. The Hon’ble Speaker, Tamil Nadu Legislative Assembly, Madras. 27. Gunupati Keshavram Reddy v. Nafisul Hasan and the State of UP. 28. Har Sharan Varma v. Union of India and Ors. 29. Hardwari Lal v. Election Commission of India and Ors. 30. Haridasan Palayil v. The Speaker, Kerala Legislative Assembly. 31. Hem Chandra Sen Gupta v. The Speaker, Legislative Assembly of West Bengal. 32. In Re: Gujarat Assembly Election Matter. 33. In Re: K. Anandan Nambiar. 34. In Re: Pillalamarri Venkateswarlu, a detenu in the Central Jail v. The District Magistrate and Superintendent, Central Jail. 35. Jagjit Singh v. State of Haryana and Ors. 36. Jai Singh Rathi and Ors v. State of Haryana. 37. Janaganavadi Bharti v. Government of India and Ors. 38. Jaya Bachchan v. Union of India and Ors. 39. Jayashankara Gowda v. Chief Secretary. 40. Joginder Singh Toor and Anr v. Union of India through Secretary, Law, Justice and Companies Affairs, New Delhi and Ors. 41. K. Anandan Nambiar v. Chief Secretary to Government of Madras. 42. K. Anbazhagan and Ors v. The Secretary, The Tamil Nadu Legislative Assembly, Madras and Ors. 43. Keshav Singh v. The Speaker. 44. Kihota Hollohan v. Zachilhu and Ors. 45. M. Kunjukrishnan Nadar v. The Hon’ble Speaker, Kerala Legislative Assembly, Trivandrum and Ors. 46. M. S. M. Sharma v. Sri Krishna Sinha and Ors. 47. Madhu Parumala v. The Speaker, Kerala Legislative Assembly. 48. Madhukar Jetly v. Union of India and Ors. 49. Manjit Singh v. Maharashtra Assembly. 50. Mayawati v. Markandeya Chand and Ors. 51. Naveen Chandra Gupta, Advocate v. Union of India and Ors. 52. Navjot Singh Sidhu v. State of Punjab. 53. O. Ramalingam and Ors v. The Director, Daily Thanthi and Ors. 54. P. V. Narasimha Rao v. CBI (Delhi). 55. P. V. Narasimha Rao v. State (CBI). 56. Panna Lal Agyan and Ors v. The Hon’ble Speaker, Sri Balram Jakgad and Ors. 57. Parkash Singh Badal and Ors v. Union of India and Ors. 58. Pashupati Nath Sukul and Ors v. Nem Chandra Jain and Ors. 59. Prakash Kant v. The Speaker of Uttaranchal Assembly, Dehradun. 60. Purshottam Lal Sharma v. State of Rajasthan and Ors. 61. R. Krishnaiah v. Union of India and Ors. 62. Raghu Raj Pratap Singh alias Raja Bhaiya v. State of UP and Ors. 63. Raj Narain Singh v. Atmaram Govind and Anr. 64. Raja Ram Pal v. The Hon’ble Speaker, Lok Sabha and Ors. 65. Rajendra Singh Rana and Ors v. Swami Prasad Maurya and Ors. 66. Rajesh Ranjan v. State of Bihar and Anr. 67. Ram Das Athawale v. Union of India. 68. Rameshwar Prasad and Ors v. Union of India and Anr. 69. Ravi S. Naik and Sanjay Bandenkar v. Union of India. 70. Saroj Giri v. Vayalar Ravi and Ors. 71. Sarojini Ramaswami v. Union of India and Ors. 72. Social Action for People’s Rights and Anr v. State of Uttar Pradesh. 73. State of Kerala v. R. Sudarsana Babu. 74. Sub-committee of Judicial Accountability v. Union of India and Ors. 75. Surat Singh Yadav v. Sudama Prasad Goswami and Anr. 76. Surendra Mohanty v. Nabakrishna Choudhury and Ors. 77. T. M. Jacob v. State of Kerala and Anr. 78. Tej Kiran Jain and Ors v. N. Sanjiva Reddy and Ors. 79. Tej Kiran Jain and Ors v. N. Sanjiva Reddy and Ors. 80. Thankamma v. The Hon’ble Speaker, Legislative Assembly, Travancore-Cochin State and Anr. 81. The Election Commission of India and Anr v. Dr Subramanian Swamy. 82. The Election Commission of India v. N. G. Ranga and Ors. 83. Udai Narain Sinha v. State of Uttar Pradesh and Ors. 84. Yeshwant Rao Meghwale v. Madhya Pradesh Legislative Assembly and Ors.

The Indian Constitution provides for a federal form of government, with a division of power between the legislative and executive arms of the state. Both institutions have evolved, over the years, as mature, dynamic and relatively autonomous in their respective spheres of activity-further strengthening the edifice of democracy. While these two organs have functioned with restraint and responsibility, the legitimate concerns of the respective institutions to guard their autonomy have led to differences between the two. Since independence, the courts have been called upon on numerous occasions to resolve such conflicts.

A pioneering volume, The Legislature and the Judiciary explains the powers, privileges and immunities of legislatures in India. It also highlights the role of the judiciary in articulating a constitutional position on the legislature’s autonomy, along with a detailed discussion of all the important cases dealt by the high courts and the Supreme Court.

In the critical Foreword, eminent jurist Upendra Baxi provides a brief background to the birth of the Indian constitution. He highlights how the constitution-makers were profoundly influenced by the powers, privileges and immunities enjoyed by the House of Commons. He draws our attention to the interesting fact that a majority of cases filed so far are by the legislators themselves, and explains the need for them to have privileges and immunities.

This volume consists of two sections. Section 1 details the evolution of law through judicial interpretations of provisions relating to Parliament and the State Legislature. Stating, precisely, the current position of the law, it encapsulates the principles of law laid down by the high courts and the Supreme Court. Section 2 provides a brief summary of judgments. Almost all the significant rulings of the high courts and the Supreme Court relating to Parliament and the State Legislatures have been incorporated in this section.

This consolidation of legal information will facilitate a clear understanding of the existing legal position of the legislature. This volume will also be a valuable resource for constitutional experts, jurists, students of political science and law, and legislators.