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Supreme Court of India 2016-02-12 allowed

Alagaapuram R. Mohanraj & Ors vs Tamil Nadu Legislative Assembly Rep. By Its Secretary & Anr

Bench: 2 — Chelameswar

In Brief

Six members of the Tamil Nadu Legislative Assembly belonging to the DMDK party were suspended after an incident on 19 February 2015 during which they allegedly created an uproar and obstructed proceedings. A Privileges Committee later recommended further suspension and loss of salary for ten days based on findings of breach of privilege. The Supreme Court held that while suspension does not violate fundamental rights under Articles 19 or 21, the Privileges Committee violated the principles of natural justice by failing to provide the petitioners a copy of the video recording that formed the sole factual basis for identifying and punishing them. The Court set aside the 31 March 2015 resolution and restored the members' salary and benefits."

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Constitutional Law Parliamentary Privilege Natural Justice Legislative Procedure Fundamental Rights Article 14 Article 19 Article 21 Article 32 Freedom of Speech Judicial Review

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