Jump to ContentJump to Main Navigation
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
Users without a subscription are not able to see the full content.

A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 19 October 2019

Parliamentary Privileges 1

Parliamentary Privileges 1

(p.159) 25 Parliamentary Privileges1

A.G. Noorani

Oxford University Press

This chapter comments on the refusal of Speaker of the Tamil Nadu assembly, R. Muthiah, to follow the orders of the Supreme Court's stay order on the issuance of a warrant of arrest against former Illustrated Weekly of India journalist, K. P. Sunil. Muthiah argued that the Supreme Court's order bound neither him nor the house. Muthiah's case is only one in the growing number of instances of legislatures' and their speakers' refusal to heed court orders. The chapter suggests that the problem can be traced to the loophole in the Constitution which misplaced faith in the commitment of legislators to the rights of citizens and the 1958 ruling on the Searchlight case which held that the privileges of legislatures override the fundamental rights of the people themselves.

Keywords:   R. Muthiah, warrant of arrest, Supreme Court, K.P. Sunil, Constitution, privileges of legislatures, court orders, Searchlight case

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .