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Can Legislative Privileges Override Free Speech? Supreme Court 7-Judge Bench To Hear 2003 TN Speaker Case On October 6
['Debjain Is A Correspondent With Livelaw', 'Covering The Supreme Court Of India']
Supreme Court - High Court - Legal Breaking News | Live Law India
The court will also examine whether legislative privileges can be invoked against citizens, including journalists, in circumstances where their speech or publication is alleged to constitute a breach of legislative privilege.
The journalists approached the Supreme Court challenging the Assembly's action.
The proceedings, however, raised a larger constitutional question because of apparently conflicting Supreme Court decisions on legislative privilege and fundamental rights.
In another decision, In Re: Under Article 143, the court had observed that fundamental rights could not simply prevail over legislative privileges.
The apparent conflict led the Supreme Court to consider the relationship between Articles 19(1)(a), 21 and 194.