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SC Declines Academic Exercise on Legislative Privileges After TN Assembly Withdraws Resolution
N
News18•05-10-2026, 12:15
SC Declines Academic Exercise on Legislative Privileges After TN Assembly Withdraws Resolution
- •The Supreme Court stated it would not engage in an academic exercise regarding legislative privileges after the Tamil Nadu Assembly withdrew a 2003 resolution in 2004.
- •Senior advocate Raju Ramachandran informed the bench that the resolution in question had been withdrawn, potentially making the issue moot.
- •CJI Surya Kant suggested that if the issue no longer survives, the court should leave the question open for a more appropriate time.
- •Senior advocate Kapil Sibal and Solicitor General Tushar Mehta agreed with the suggestion to avoid an academic exercise.
- •The case, involving the interplay of legislative privileges and fundamental rights, was referred to a seven-judge bench due to conflicting verdicts on whether fundamental rights override parliamentary privileges.
Key Questions Answered
The Supreme Court stated there was no point in pursuing an academic exercise after being informed that the Tamil Nadu Assembly had already withdrawn the impugned resolution in 2004.
Journalist N Ravi and others approached the top court after the Tamil Nadu Assembly's then speaker, K Kalimuthu, ordered their arrest for alleged breach of privilege and contempt.
The issue was recommended for a seven-judge bench by a five-judge bench in December 2004 after being previously referred in December 2003, with hearings scheduled to commence on October 6, 2026.
