In a landmark judgement, the Madras High Court has ruled that breach-of-privilege proceedings against Members of the Legislative Assembly (MLAs) can continue even after the dissolution of the Assembly to which they were elected. The court clarified that such incomplete proceedings do not lapse with the election of a new Assembly. This decision underscores the continuity of legislative accountability beyond electoral cycles.
In Tamil Nadu, it has become a common practice for the ruling government to initiate actions against opposition members on various grounds, such as corruption and land grabbing. When the opposition party gains power, it typically withdraws the cases against its members and files new cases against the now-opposition party. This cycle of political retribution underscores the ongoing tit-for-tat nature of the state’s political landscape.
On July 31, a Madras High Court bench, consisting of Justices SM Subramaniam and C Kumarappan, overturned a single judge’s order that had quashed breach of privilege notices issued to 18 DMK MLAs of the previous Assembly. Among those affected is current Chief Minister MK Stalin, who was involved in bringing Gutkha sachets into the Assembly as part of a protest in 2017. The court has remitted the matter back to the Speaker and the Privileges Committee for further proceedings.
Rejecting the arguments of senior counsel NR Elango, who represented the DMK MLAs, that privilege proceedings should lapse with the dissolution of the respective Assembly, the Madras High Court bench stated, “Issues such as breach of privileges cannot be washed away after the dissolution of each and every Assembly. The Assembly and the Privileges Committee must deliberate on the issues relating to breach of privileges and arrive at conclusions in the best interests of the Assembly representing the people.”
The Madras High Court bench emphasized that breaches of privilege must be addressed according to the Tamil Nadu Legislative Assembly Rules and the Constitution. “The Floor of the House shall be used to raise the voice of the people’s concerns. The privileges of the members shall be valued in the interest of the people who are supreme in a democracy,” the judges stated. They noted the importance of protecting the “dignity and sovereignty” of the House, asserting that the purpose of granting certain privileges would become meaningless if proceedings lapsed with the end of a particular Assembly’s tenure. The court warned that MLAs might not take privileges seriously if the law were interpreted to allow proceedings to lapse with each Assembly’s dissolution.
Further, Madras High Court stated, “The single judge ought not to have assumed the role of the Speaker and interfered at the very preliminary stage by quashing the show cause notices issued by the Privilege Committee to the DMK MLAs.” The court directed that the Assembly Secretary, the Speaker, and the Privileges Committee proceed with the show cause notices in accordance with the Tamil Nadu Legislative Assembly Rules and follow due process to reach a final decision.
Authoring the verdict, Justice Subramaniam concurred with senior counsel V Rangachari, who represented AIADMK MLA Pollachi V Jayaraman, the chairman of the Privilege Committee in 2017 and current member. Justice Subramaniam affirmed that the proceedings initiated during the 15th Assembly could be continued by the present 16th Assembly to their logical conclusion. He emphasized that “the powers of the Privilege Committee and the powers of the honourable Speaker of the House do not lapse merely on account of a change in government.”
The Madras High Court has reinstated show cause notices issued to DMK MLAs, including current Chief Minister MK Stalin, for bringing and displaying Gutkha sachets in the House in 2017. The MLAs had used the sachets to highlight their claim that the contraband was readily available under the previous AIADMK rule. The court allowed writ appeals filed in 2021 by the Legislative Assembly Secretary and the chairman of the Committee of Privileges, challenging a 2020 single judge’s order that quashed the show cause notices. The court observed that the Privileges Committee’s proceedings initiated during the 15th Assembly could be continued by the 16th Assembly to their logical conclusion.
After the DMK government assumed power, the Assembly Secretary initially attempted to withdraw the appeal concerning the breach of privilege proceedings against DMK MLAs. However, the Secretary later argued that the appeals had become moot, claiming that the incumbent committee could not continue the proceedings initiated by the previous Assembly. This reversal was part of the broader legal contestation surrounding the display of Gutkha sachets in the House by DMK MLAs in 2017.
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