Supreme Court to pause legislative privilege case pending withdrawn Tamil Nadu resolution

On Monday, the Supreme Court of India declined to delve into a doctrinal discussion on the balance between legislators’ privileges and the constitutional right to free speech, after the Tamil Nadu Assembly informed the court that the 2003 resolution at issue had been withdrawn in 2004. Senior advocate Raju Ramachandran, representing the Assembly, highlighted the omission of this fact from earlier records and warned that the seven-judge constitution scheduled to sit from Tuesday might find the issue moot.

Chief Justice Surya Kant, joined by Justices Joymalya Bagchi and V Mohana, urged the court not to engage in an academic exercise, proposing to leave the question open if the resolution no longer stands. Senior advocate Kapil Sibal and Solicitor General Tushar Mehta supported the suggestion, noting the importance of addressing the matter only when it is live. The bench asked Ramachandran to present the withdrawn resolution to the seven-judge bench, which will consider it on Tuesday and decide the case’s fate. The dispute, originally referred to a five-judge bench in 2003, concerns the interpretation of Articles 194, 19, 21 and related constitutional provisions, and stems from a 2003 arrest of journalist N Ravi and others for alleged breach of privilege.