The Speaker and Deputy Speaker of the Legislative Assembly

Related judgements & precedents

These are some judgments that construed this article, and hold precedence value. They hold authority on how to read, interpret and use this article.

1. The State of Kerala vs K. Ajith

   Supreme Court of India 28 Jul 2021 Binding (Supreme Court) Reportable Reportable

   Court's Decision & Legal Precedent

   Elected representatives cannot claim immunity from criminal law on grounds of parliamentary privilege. Acts of destruction of public property committed by MLAs during protest inside the legislative assembly are not protected under Article 194 of the Constitution as they do not constitute essential legislative functions or proceedings of the House. The Public Prosecutor's power to withdraw prosecution under Section 321 CrPC must be exercised in furtherance of broad ends of public justice, and the court's supervisory function requires it to ensure that the application is made in good faith and does not suffer from improprieties or illegalities that would cause manifest injustice. Prior sanction of the Speaker is not required for prosecution of MLAs for offences committed within the assembly except where specifically mandated by statute such as Section 19 of the Prevention of Corruption Act. The gravity of offence involving destruction of public property and its impact on public life must be considered when determining whether withdrawal of prosecution subserves administration of justice.

   On this article: Speaker of State Legislature; presiding officer with autonomy to maintain decorum of House

   Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.