Lawstreet Journal

Supreme Court bench led by Justice Khanwilkar to hear pleas by BJP MLAs led by Ashish Shelar

Lawstreet Journal 18 Jan 2022 5:41pm

Image courtesy: Lawstreet Journal Judiciary Supreme Court bench led by Justice Khanwilkar to hear pleas by BJP MLAs led by Ashish Shelar

The SupremeCourt bench led by Justice Khanwilkar to hear pleas by BJP MLAs led by Ashish Shelar challenging Maharashtra Legislative Assembly’s resolution of suspending them for a period of 1 year.

Sr Adv Aryama Sundaram: How far would the scope of judicial review apply for punishment?

SC: It will be a like a case of interpretative process. It's not about judicial review.

Sundaram: What your lordship feel is in 190(4) limits have to be applied.

Sundaram: The power of legislature to punish for privileges etc does not have any limitations either in scope of the power or period for which it can be exercised.
How far does this power go?

SC: If legislature  makes rules or act, would there not be on the parliamentary act?

SC: I would like your attention on Para 59 of Sharma's judgement. It has been quoted in many cases, in Rampal also.

Sundaram: I'll get it.

SC: Once this statement of law is to be taken forward then if it is statutory or not does not matter. We won't go into those defects.

SC: It starts with "Seeing that it is a petition under Article 32.."

Sundaram: Reads the relevant paragraph

SC: What flows from this statement is it can be established as law under 21 and then it is effective per se.
These rules are benchmark, what are the rights of stakeholders. We don't have to go into statutory or non statutory.
Gujrat judgement misses this.

Sundaram: My submission is this. Rules are the procedure no doubt. If the speaker is to act he cannot depart from the rules.… Continue Reading...


Tagged: Supreme Court of India   BJP  
Disclaimer: SoOLEGAL in Media collaboration with Lawstreet Journal. SoOLEGAL take no responsbility for the content provided by Lawstreet Journal. For any discrepancies Contact Lawstreet Journal.
Did you find this write up useful? YES 0 NO 0
Featured Members view all

×

C2RMTo Know More

Something Awesome Is In The Work

0

DAYS

0

HOURS

0

MINUTES

0

SECONDS

Sign-up and we will notify you of our launch.
We’ll also give some discount for your effort :)

* We won’t use your email for spam, just to notify you of our launch.
×

SAARTHTo Know More

Launching Soon : SAARTH, your complete client, case, practise & document management SAAS application with direct client chat feature.

If you want to know more give us a Call at :+91 98109 29455 or Mail info@soolegal.com