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House issues out of Judiciary's purview: CM

Written by: Staff

Chennai, Nov 4 (UNI) Tamil Nadu Chief Minister M Karunanidhi today reiterated that issues raised in the Legislature would not come under the purview of the Judiciary.

Replying to a question on the breach of privilege case filed in the Madras High Court by Leader of the Opposition J Jayalalithaa against Local Administration Minister M K Stalin, the Chief Minister quoted a verdict given by Assembly Speaker K Rajaram on April five, 1983, during the AIADMK regime headed by Chief Minister M G Ramachandran.

It said under Article 194(2) of the Constitution, members of the House could not invite any action from the judiciary for making remarks on the floor of the Assembly.

''One of fundamental rights enshrined in the Constitution was that no case can be filed in any court against the members of the Legislative Assembly and the Legislative Council for their remarks made in the House'', he said, quoting the verdict.

It said those violating this would invite contempt of House proceedings and no court could grant a stay on it and that the Judiciary could not question the activites of the House'', Mr Karunanidhi recalled.

It also made it clear that the functioning of the House could not be questioned and appeals could not be filed in court or any other fora if any remarks made in violation of Article 212 (1) of the Constitution.

''Moreover no case could be filed against a member if he or she violated the Article 212(1) while speaking in the House. This was also clarified by the Supreme Court and the High Courts.

The verdicts of the court and its functioning could be raised in the House and it was for the Speaker to allow it and the court could not take any action on such issues.

''No case could be filed in the court just for speaking on an issue in the House'', the verdict given in the House in 1983 said, Mr Karunanidhi pointed out.

The real truth was that Ms Jayalalithaa had violated the rules followed in the House during her rule and the verdict given by the Speaker in 1983 and had moved the Court against Mr Stalin, seeking a stay on the breach of privilege issue.


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