kakinada: Though legislative bodies cannot be controlled by courts, the judiciary can intervene in situations in which members feel their rights were violated in the House. Legislative bodies have the power to make laws and can regulate the conduct of members in the house, but they also need to respect the judiciary, legal experts say.
“In the case of MLA Roja, the court passed an order after hearing arguments of rival sides. It should be respected by the assembly office. If the assembly feels the judiciary was interfering into its work, it can approach higher courts for remedial action,” said former Ramachandrapuram bar association member S.R. Telidevara.
He said when a member of the house feels that rules have been violated or he (or she) has been unjustly treated, he can move court. ers should not try to twist the verdict. If the court gave a verdict staying a member’s one-year suspension, the member should be allowed into the House. The House should respect of the court verdict, he felt.
Andhra Pradesh state bar council member Muppalla Subba Rao said the judiciary should not interfere with the regulations of the legislative bodies.
However, if Constitutional rights are violated in the assembly, the judiciary would intervene and set things right or render justice to the victims. Rulers should not try to twist the verdict. If the court gave a verdict staying a member’s one-year suspension, the member should be allowed into the House, he said.
Rajiv Gandhi Law College principal P.V. Trinadh said a situation should not come about wherein the legislature was ranged against the judiciary. Such a conflict was not warranted in a healthy democracy. It would mar the image of the house as well as of the courts. Therefore, it should be prevented.
“As per Article 194 of the Constitution, in matters of privileges and immunities and contempt of the house proceedings, the decision of the house as exercised by the Speaker is final.
However, in Kesav Singh’s reference case (Art.143), the Supreme Court gave it an advisory opinion which held that no legislature including Parliament is supreme,’’ said constitutional expert Prof. Alapati Srinivas.
