Legislative privilege and immunity under Art. 194 (2) of the Constitution are inviolable, and the Court cannot interfere with the internal proceedings of the Legislature.

( 1 ) ESPOUSING the cause of the general public, two members of the State Legislature have filed this petition alleging that respondent 2 who is a member of the State Legislative Council had on the floor of that House made certain derogatory remarks touching the conduct of the Judges of this Court in violation of Article 211 of the Constitution and requesting this Court to issue a writ under Article 226 of the Constitution,- (i) directing respondent 1 the Chairman of the Legislative council to produce the records of the proceedings of the Karnataka State Legislate Council dated 11-8-1978 relating to the statements made by the second respondent as stated in the annexure marked Ext. 'a' and (ii) quashing the entire proceedings therein by declaring the said proceedings to be unconstitutional and illegal as violating the provisions of Art. 211 of the constitution of India.

( 2 ) THIS case involves great constitutional principles touching parliamentary democracy and independence of the judiciary and hence requires a cautious approach. An independent judiciary, according to Sri S. R. Das Gupta, an illustrious Chief Justice of this Court, is a judiciary which consists of Judges who are independent of themselves. I have not come across a better definition of that expression. A judge should not allow his judgment to be influenced by personal prejudice. He should not allow passion to overtake reason. Whatever may be the provocation, he should not transgress law and abandon justice. Reason is the element which distinguishes man from other creations of God and judicial restraint is the soul of administration of justice.

( 3 ) WE are in this case concerned with two important bodies, namely, the Legislature and the judiciary. Referring to them Gajendragadkar, C. J. in In re: Under Art. 143, Constitution of India AIR1965 SC 745 hereinafter referred to as the U. P. Legislature Case)observed in paras 43 and 44 of that decision as follows:--

"speaking broadly, all the legislature chambers in our country today are playing a significant role in the pursuit of the ideal of a Welfare State which has been placed by the Constitution before our country, and that naturally gives the legislative chambers a high place in the making of history today. The High Courts also have to play an equally significant role in the development of the rule of law and there can be little doubt that the successful working of the rule of law is the basic foundation of the democratic way of life. In this connection it is necessary to remember that the status, dignity and importance of these two respective institutions, the Legislatures and the Judicature, are derived primarily from the status, dignity and importance of the respective causes that are assigned to their charge by the Constitution. These two august bodies as well as the Executive which is another important constituent of a democratic State, must function not in antinomy nor in a spirit of hostility, but rationally, harmoniously and in a spirit of understanding within their respective spheres, for such harmonious working of the three constituents of the democratic State alone will help the peaceful development, growth and stabilisation of the democratic way of life in this country. But when, as in the present case, a controversy arises between the House and the High Court, we must deal with the problem objectively and impersonally. There is no occasion to import heat into the debate or discussion and no justification for the use of strong language. . . . . . . . . . . . "

( 4 ) ART. 211 of the Constitution which corresponds to S. 40 of the Government of India Act, 1935, and to Art. 121 of the Constitution which related to the Parliament reads as follows:-

"211. No discussion shall take place in the Legislature of the State with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties. "

A summary of the rulings or opinions expressed in the Central Legislature Ass

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