Journalist Ajit Anjum Seeks To Intervene In Supreme Court Reference On Legislative Privileges

Senior journalist Ajit Anjum has approached the Supreme Court seeking permission to intervene in the pending 7-Judge Bench Reference concerning the scope and limits of legislative privileges, submitting that legislative privileges and fundamental rights are not mutually exclusive and seeking standards for clear determination of when fair criticism of legislative proceedings may amount to a breach of privilege.

The senior journalist highlights the wider constitutional issues involved in the Reference, such as the relationship between legislative privilege, the public's right to information, freedom of press and the extent to which courts may examine questions concerning legislative privilege.

The application, filed through AoR Neha Rathi, emphasizes that legislative privileges are conferred to enable the House to discharge its constitutional and legislative functions effectively, and are therefore, intended to serve a functional purpose rather than operate as unrestricted powers.

It submits that such privileges must be interpreted in the context of the Constitution as a whole. It further argues that the guarantees of freedom of speech and the provisions concerning legislative privilege require a harmonious interpretation, particularly in view of the constitutional and legal developments that have taken place since the Supreme Court considered the issue in Keshav Singh reference. 

"the privileges under Articles 105 and 194 must not be interpreted as having unlimited powers and must operate within the framework of Constitutional supremacy and enforceable fundamental rights", the plea states. 

In view of the expanded scope of Article 19(1)(a) (freedom of speech and expression), the journalist also seeks reconsideration of the judgment in Pandit MSM Sharma v. Sri Krishna Sinha. 

Prior to Anjum, stand-up comedian Kunal Kamra filed an intervention, submitting that the exercise of such privilege cannot be used to stifle the speech of citizens. In his application, Kamra submitted that the Supreme Court's consideration of the interplay between legislative privilege under Article 194(3) of the Constitution and the fundamental right to freedom of speech and expression under Article 19(1)(a) has a direct bearing on breach of privilege proceedings pending against him before the Maharashtra Legislature. 

The 7-judge bench will commence the hearing on October 6.

Case : N. Ravi v. Speaker, Legislative Assembly Chennai | W.P. (Crl.) No. 206-210/2003