States High court

Madras HC Demands DMK MLA’s Response On Gutkha Privilege Breach

The Madras High Court on Wednesday instructed Chief Minister M K Stalin and several DMK MLAs to respond to the show cause notices issued by the Privilege Committee in 2017.

These notices were related to their display of banned gutkha sachets in the Tamil Nadu Assembly while they were in opposition, highlighting their availability during the AIADMK regime.

A division bench, comprising Justices S M Subramaniam and C Kumarappan, overturned a previous single judge’s order that had dismissed the Privilege Committee’s show cause notices. The bench directed, “The Secretary of Tamil Nadu Legislative Assembly, the Speaker of Tamil Nadu Legislative Assembly, and the Privilege Committee of Tamil Nadu Legislative Assembly shall proceed with the show cause notice (SCN) issued to the contesting respondents, by following the due process under the Tamil Nadu Legislative Assembly Rules and take final decision on merits and in accordance with law as expeditiously as possible.”

The court emphasized that the Privilege Committee’s powers, as well as those of the Speaker, do not lapse with a change in government. The disciplinary actions related to the assembly’s affairs must be concluded following the proper procedures outlined in the Tamil Nadu Legislative Assembly Rules.

The bench asserted that the assembly’s authority, as established by the Indian Constitution, must be upheld. Any issues of privilege breaches need to be addressed thoroughly, regardless of government changes. The court maintained that, “it is we the people of India who constituted the Assembly under the Indian Constitution. The assembly proceedings are to be conducted in the manner prescribed. Actions initiated must be concluded by following the procedures as stipulated under the rules.”

The court also stated that breaches of privilege should not be dismissed after each assembly dissolution. The Privilege Committee must deliberate on such issues to maintain the assembly’s integrity, representing the people of Tamil Nadu. The internal conduct and sovereignty of the assembly must be respected and upheld according to the established rules and the Constitution of India.

Furthermore, the court highlighted the importance of legislative privileges, allowing members to perform their duties without undue interference. These privileges are vital for the smooth functioning of the legislative assembly and must be protected to ensure the assembly operates in the people’s best interest.

Lastly, the bench dismissed the argument that breaches of privilege lapse with the dissolution of the assembly. Such breaches should be carried forward to the new Committee of Privileges, ensuring continuity and accountability. The court warned against allowing privileges to be taken lightly, which could lead to repeated breaches and undermine the assembly’s purpose.

Read More: Supreme Court, Delhi High Court, States High Court, International

Meera Verma

Recent Posts

Ex-Sarpanch Murder Case: SC Cancels Bail Of 3 Accused

The Supreme Court on Wednesday overturned the Rajasthan High Court's decision to grant bail to…

5 hours ago

“Complete Elevated Corridor At Kaziranga National Park At The Earliest”: SC

The Supreme Court on Wednesday emphasized the urgent need to complete the proposed 34-kilometer elevated…

5 hours ago

Death Row Convict Balwant Singh Rajoana Granted 3-Hour Parole For Brother’s Bhog Ceremony

Balwant Singh Rajoana, a death row convict in the assassination of former Punjab Chief Minister…

6 hours ago

Money Laundering Case: Delhi HC Grants Bail To Lava MD Hari Om Rai

The Delhi High Court on Wednesday granted bail to Hari Om Rai, the Managing Director…

7 hours ago

Excise Policy Case: Kejriwal Challenges Trial Court’s Cognizance In ED

Former Delhi Chief Minister Arvind Kejriwal has approached the Delhi High Court, challenging a trial…

7 hours ago

Himachal HC Orders Closure Of 18 Loss-Making Tourism Corporation Hotels

In a significant ruling, the Himachal Pradesh High Court on Wednesday ordered closure of 18…

8 hours ago