Breaking Supreme Court of India Advocates Balanced Approach to Diwali Firecracker Regulations
New Delhi · Wednesday, 28 October 2026
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Supreme Court of India 2016-12-15 dismissed

Justice (Retd.) Markandey Katju vs Lok Sabha & Anr

Bench: 3 — Uday Umesh Lalit

In Brief

A retired Supreme Court Judge and former Press Council Chairman published Facebook posts criticizing Mahatma Gandhi and Netaji Subhash Chandra Bose. Both Houses of Parliament passed Resolutions condemning these remarks. The Judge petitioned to quash the Resolutions, arguing they violated his fundamental right to freedom of speech and that Parliament lacked jurisdiction. The Supreme Court held that freedom of speech in Parliament under Article 105 is absolute and protects parliamentary discussions on matters of general public interest. The Resolutions were opinion declarations on public figures' legacies—matters of general public interest—and remained within procedural rules. They inflicted no civil consequences and violated no fundamental rights. The petition was dismissed.

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Parliamentary Privilege Freedom of Speech and Expression Article 105 Parliamentary Resolutions Contempt of Parliament Breach of Privilege Fundamental Rights Parliamentary Immunity

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