2007 (3) SCC 184 ::(2007) 1 Scale 448 ::(2007) 1 Scale 241 ::AIR 2007 SC (Supp) 1448 ::(2007) 1 Supreme 245

Supreme Court Of India

Hon'ble Judge(s): Y. K. Sabharwal, K. G. Balakrishnan, C. K. Thakker, R. V. Raveendran, D. K. Jain , JJJ

(A) Constitution of India , Art.105, Art.194(3), Art.226, Art.32— Powers, Privilege and immunities of legislature - Scope and contents - Constitutional courts have power to decide. Per T.K. Sabharwal CJI. (For himself and on behalf of K. G. Balakrishnan, D. K. Jain, JJ.) :- Whenever Parliament, or for that matter any State legislature, claims any power or privilege in terms of the provisions contained in Article 105(3), or Article 194(3) as the case may be, it is the court which has the authority and the jurisdiction to examine, on grievance being brought before it, to find out if the particular power or privilege that has been claimed or asserted by the legislature is one that was contemplated by the said constitutional provisions or, to put it simply, if it was such a power or privilege as can be said to have been vested in the House of Commons of the Parliament of United Kingdom as on the date of commencement of the Constitution of India so as to become available to the Indian legislatures.(Para 62) (B) Constitution of India , Art.105(3), Art.194(3)— Parliamentary privileges - Means exemption from some duty, burden, attendance or liability conferred by special grant in derogation of common right. Per T.K. Sabharwal CJI. (For himself and on behalf of K.G. Balakrishn....