Making mockery of legislative shield!

Hyderabad: Trapped in the political turmoil over Excise scam and ‘renovation’ of his official bungalow at a phenomenal cost of over Rs.45 crores, the Chief Minister of Delhi Arvind Kejriwal recently held a session of the Assembly solely for the purpose of hoodwinking the investigation authorities and sarcastically criticising the prime minister.

Apparently he chose the sacrosanct floor of the Assembly because of the special privileges granted to the members. The Constitution of India in Article 105 provides a protective shield to the legislators and exempts them from any legal action.This provision in the Constitution has been incorporated with a view to enable the public representatives to voice public grievances freely and fearlessly without attracting the penal provisions of law.

Thus, it is crystal clear that the Constitutional provision granting immunity from court proceedings to the legislature is an enabling provision so as to allow the legislators to perform their duties as representatives of public effectively.

The said immunity provision obviously cannot be used to conceal the black deeds of a legislator, including the chief minister, deputy chief minister and other ministers. Further, it cannot be used as a means to mock, insult or defame an individual either in an overt or covert manner. The rules of Assembly business also provide that nothing should be discussed in the Assembly about a person who is not a member of the house because such outsider will not be able to defend himself in the house. Besides, dignitaries like the president, vice president, prime minister, governors ought to be spared from personal attacks, particularly in the Assemblies in the spirit of federalism.

This equally applies to the open and brazen insults hurled at the Governors by some chief ministers. Similarly, passing Bills by the Assemblies on subjects against the parliament passed laws, for example, CAA, NRC etc., is also against the spirit of cooperative federalism. Let the chief ministers understand this bitter fact that though liberal, our Constitution does not permit a tail to wag the dog!

RAJ. ‘APA’ BILL HALF-BAKED

Perhaps in a first, the Rajasthan government has introduced in the state Assembly the bill titled, the Rajasthan Advocates Protection Bill, 2023. The Bill aims to provide for the prevention of the offences of assault, grievous hurt, criminal force and criminal intimidation against the advocates and damage or loss to the property of advocates and for the matters connected therewith and incidental thereto.

The 13 section Bill at least makes a good beginning though it is not a full proof instrument.

Some of the lacunas are: the Bill covers only advocates and leaves out advocates’ family members and office staff from its purview , provides protection only in connection with the discharge of duties of the advocate in the court premises, grants discretion to the police with regard to an advocate’s request for police protection.

Therefore, the said Bill deserves a relook to make it an effective legislation.

In fact, a central law in this regard is necessary. In the coming monsoon session of the parliament the Bill can be passed since all parties are favouring such a move.

The South India Advocates Joint Action Committee led by S Nagendra has already taken the initiative by organising hunger strike by its members in Hyderabad. Nagendra also released a list of ten advocates including some women who have been killed by their clients or henchmen of their clients.

BAI INVITED BY AMERICAN BAR

American Bar Association (ABA) has extended invitation to the leadership of Bar Association of India (BAI) to its Annual General meeting to be held from August 3 to August 8 next, President of the BAI said in a communication.

The invite says the ABA values BAI’s cooperation in strengthening the professional relationship between USA and India.

NO TO WHOLESALE RESERVATION: SC

Terming the Madhya Pradesh government’s decision of reserving as many as 75 per cent of B.Ed seats for the domicile students as unreasonable and violative of Article 14 of the Constitution, a division bench of the Supreme Court comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia allowed the appeal filed by the Veena Vadini Teachers Training Institute against the State of Madhya Pradesh and others.

The bench relied upon its earlier judgement in Dr. Pradeep Jain Vs. Union of India and others.

MUKTHAR ANSARI GETS 1O YEARS JAIL AND FINE

The habitual offender and gangster, ex-MLA of Uttar Pradesh has been sentenced to 10 years imprisonment and a fine of Rs 5 lakh by the special court for MPs-MLAs of Gazipur.

Earlier too, he was punished for some heinous offences like murder, rape, criminal intimidation.

FOR NOW, NO REPRIEVE FOR RAHUL

The disqualified Lok Sabha member and Congress leader Rahul Gandhi did not get any relief from the Gujarat High Court in the Criminal Revision case filed by him in the Modi remarks which resulted into his conviction of two years imprisonment and subsequently, his seat in the parliament.

Abhishek Manu Sanghvi, the senior advocate argued the case at length for Rahul Gandhi. However, the Counsel for the complainant requested some time for putting up the case of the complainant, which the court granted. Accordingly, now the matter will be heard on May 2.

MOTHER ENTITLED TO DECEASED DAUGHTER’s ARREARS

The single judge bench of Justice V Sivagnanam of Madras High Court has recently held that the mother of the deceased divorce daughter is entitled to claim the arrears of maintenance amount.

In a judgement delivered on April 21 in the case titled, Annadurai Vs. Jaya, the High Court dismissed the Criminal Revision petition of the husband. The court said that according to the Hindu Succession Act mother is a successor of movable and immovable properties of the deceased daughter. Annadurai had defaulted in the payment of the arrears of the maintenance amount to the tune of Rs.6.2 lakh.