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.
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 tothe House or House(s) 14. Conflict of Powers of the Legislature vis-à-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