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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, C. KUMARAPPAN, J.
The Secretary Tamil Nadu Legislative Assembly - Appellant
Versus
P. Sivakumar @ Thayagam Kavi - Respondent
W.A. Nos. 701, 709, 711, 712, 719, 721, 723, 725, 726, 729, 733, 734, 735, 739, 740, 742, 744, 745, 746, 747, 748, 749, 750, 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 763, 764 & 766 of 2021, C.M.P. Nos. 3891, 3916, 3920, 3924, 3937, 3942, 3949, 3953, 3955, 3960, 3986, 3990, 3994, 4030, 4035, 4039, 4044, 4045, 4046, 4048, 4049, 4050, 4053, 4055, 4056, 4057, 4058, 4060, 4061, 4062, 4063, 4064, 4066, 4083, 4085, 4089 of 2021
Decided On : 31-07-2024
| Table of Content |
|---|
| 1. judicial review scope on legislative scns. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. contentions concerning scn lapsed. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 3. importance of maintaining dignity in legislative proceedings. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 4. jurisdiction limitations on scns issued. (Para 35 , 36 , 37 , 38 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52) |
| 5. final orders on the scn, must be concluded. (Para 53 , 54 , 55 , 56 , 57 , 58 , 59 , 60 , 61 , 62 , 63) |
JUDGMENT :
S.M. Subramaniam, J.
TABLE OF CONTENTS:
| S.No. | Contents | Paragraph Nos. | |
| I | PRELUDE | 1 to 8 | |
| II | CONTENTIONS ON BEHALF OF THE PARTIES | 9 to 14 | |
| III | DISCUSSIONS | 15 to 52 | |
| a | PREMATURE CHALLENGE OF THE SHOW CAUSE NOTICE | 15 to 35 | |
| b | IMMUNITY TO THE LEGISLATIVE ASSEMBLY PROCEEDINGS OF PROCEDURAL IRREGULARITIES | 36 to 38 | |
| c | MECHANISM TO REGULATE THE SMOOTH FUNCTIONING OF THE HOUSE | 39 to 42 | |
| d | THE POWERS OF THE LEGISLATIVE ASSEMBLY TO REGULATE ITS OWN PROCEDURE | 43 to 43 | |
| e | MALICE AS A GROUND FOR QUASHING SHOW CAUSE NOTICE | 44 to 49 | |
| f | PROVISIONS UNDER WHICH SHOW CAUSE NOTICE WAS ISSUED | 50 to 52 | |
| IV | CONCLUSION | 53 to 63 | |
(I) PRELUDE:
The Show Cause Notice, originally issued by the Secretary Tamil Nadu Legislative Assembly, to the then members of the opposition party, were previously under challenge and the Division Bench of this Court, through common order dated 25.08.2020, set aside the Show Cause Notice, granting liberty to the Tamil Nadu Legislative Assembly to issue fresh Notice in compliance with the Tamil Nadu Legislative Assembly Rules.
2. Consequently, second Show Cause Notices (herein after referred as 'SCN') were issued to the respondents in the present writ appeals on 07.09.2020, on the issue of breach of privileges calling upon them to submit their respective explanations. The second 'SCN' issued to the respondents herein were under challenge before the Writ Court. The Writ Court allowed the writ petitions by setting aside the 'SCN' issued to the respondents, which resulted in institution of present intra-court appeals by the Secretary, Tamil Nadu Legislative Assembly.
3. The learned Advocate General, Mr.P.S.Raman contended that the 'SCN' became lapsed on account of expiry of the term of the Assembly in the year 2021. Therefore, the 'SCN' need not be proceeded with. This Court intervened on the ground that the 'SCN' had been issued by the Privilege Committee and admittedly the proceedings have not reached finality.
4. The question arises, whether the High Court, in exercise of the powers of judicial review, can set aside the 'SCN' issued by the Legislative Assembly on the issues relating to breach of Privileges of the House? The learned Advocate General, with all fairness, would submit that un-concluded proceedings of this nature cannot be set aside by the High Courts. It is the 'SCN' issued calling upon explanations from the members on the issues relating to breach of privileges and it must be concluded in all respects.
5. The power of judicial review of the High Court, its scope, is the issue to be deliberated by this Court. The relevance and importance of concluding the issues relating to breach of privileges of the House, under the Constitutional perspective, is to be considered by this Court. Undoubtedly, setting aside the 'SCN' issued by the Privilege Committee of the Tamil Nadu Legislative Assembly would set a bad precedent and result in opening of an avenue to many similarly placed persons to challenge 'SCN' relating to breach of privileges of the House by way of writ petition before the High Courts. In the context of the above views expressed by this Court, the learned Advocate General would submit that this Court may remand the matter back to the Legislative Assembly for consideration and to take an appropriate decision. Therefore, this Court has to necessarily adjudicate certain important issues involved in the impugned 'SCN' and the impugned writ order. The legality of the impugned writ order is to be considered
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