The Supreme Court is set to take up tomorrow a reference to a seven-judge Constitution Bench concerning the scope of legislative privileges, after Senior Advocate Raju Ramachandran, appearing for the Tamil Nadu Legislative Assembly, raised a preliminary objection regarding the continued relevance of the dispute.
During the mentioning before a bench headed by Chief Justice of India Surya Kant, Ramachandran submitted that the impugned resolution passed by the Tamil Nadu Assembly in 2003 had subsequently been withdrawn in 2004. He pointed out that this development had not been noticed or brought to the Court’s attention in the referral order.
Ramachandran submitted that an affidavit recording the withdrawal of the resolution was already on record, but the referral order did not indicate that either side had brought the development to the Court’s notice. He said this issue would be raised as a preliminary objection when the reference is taken up.
Solicitor General Tushar Mehta, meanwhile, suggested that the reference may have become an “academic exercise” in view of the subsequent developments.
The Chief Justice, however, indicated that the Court would not undertake an academic exercise merely for the sake of deciding the legal question.
The CJI cautioned against the Court undertaking an academic exercise, observing that the bench would examine the issue if it continued to survive and, otherwise, leave it open to be considered in an appropriate case. The Court also indicated that other part-heard matters could be taken up instead.
Senior Advocate Kapil Sibal, however, stressed that the issue raised in the reference was of considerable constitutional significance.
The CJI thereafter indicated that the Court would assemble tomorrow and deal with the matter. He suggested that the developments could be formally taken on record while keeping the larger legal issue open for an appropriate occasion.
The seven-judge bench reference assumes significance as it concerns the constitutional contours of legislative privileges and the extent to which actions taken by State Legislative Assemblies can be subjected to judicial scrutiny.
The reference arises against the backdrop of proceedings concerning the privileges exercised by legislative bodies and the relationship between legislative privilege and judicial review. The larger bench has been constituted to authoritatively settle the legal questions involved and clarify the extent of constitutional protection available to legislative proceedings.
The Court is now expected to first consider whether the withdrawal of the 2003 Tamil Nadu Assembly resolution affects the live nature of the controversy before proceeding with the larger constitutional questions.
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