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15. Learned Senior Advocate appearing for the petitioner has submitted that, although, the petitioner has undergone the punishment imposed, the petitioner seeks quashing of the impugned order of punishment as also the proceedings, so as to be honourably acquitted and not to continue with any stigma. He has given up the prayers relating to the challenges to the constitutional validity of the 44th Amendment.

16. Learned Senior Advocate appearing for the petitioner has relied upon (1965) 1 SCR 413 (Powers, Privileges and Immunities of State Legislatures, in Re, Special Reference No. 1 of 1964), (2007) 3 SCC 184 (Raja Ram Pal vs. Hon'ble Speaker, Lok Sabha and others), (2010) 6 SCC 113 (Amarinder Singh vs. Special Committee, Punjab Vidhan Sabha and others), (2014) 4 SCC 473 (Lokayukta, Justice Ripusadan Dayal (Retired) and others vs. State of Madhya Pradesh and others) and (2018) 7 SCC 1 (Kalpana Mehta and others vs. Union of India and others).

17. By an order dated January 28, 2016 the Advocate General was requested to appear in the matter. The Advocate General, has submitted on July 3, 2019 that, the State Government has chosen not to appear. Such submission was recorded by the order dated July 3, 2019.

18. Learned Additional Solicitor General appearing for the Union of India has submitted that, the State Legislature enjoys privileges under Article 194 of the Constitution of India. According to him, the language of Article 105 which confers privileges upon the members of the Parliament is pari materia with the language of Article 194. He has submitted that, Article 194 (3) of the Constitution of India as it stood prior to the 44th amendment provided that the powers, privileges and immunities of the State Legislature shall be such as may from time to time defined by the Legislature by law and until so defined, shall be those of the House of Commons of the Parliament of the United Kingdom and of its members and the committees at the commencement of the Constitution of India i.e. January 26, 1950. After the 44th amendment, Article 194 (3) of the Constitution stood modified. The amended Article 194 (3) provides that power, privileges and immunities of the State Legislature and of the members of the committee of a State Legislature shall be such as may from time to time be defined by the State Legislature by law and until so defined, shall be those of that of the State Legislature and of its members and committees immediately before coming into force of Section 26 of the Constitution (44th) Act, 1978. He has submitted that, the 44th amendment Act came into force with effect from June 20, 1979. According to him, the State Legislature even after the 44th amendment continue to enjoy the same powers, privileges and immunities of the members of the House of Commons of the United Kingdom at the commencement of the Constitution i.e. January 26, 1950.

19. Learned Additional Solicitor General, has referred to the debate of Constituent Assembly at the time of enactment of the original Article 105 and 195 of the Constitution as also the debates of the Lok Sabha at the time of enactment of the Constitution (44th) amendment Act, 1978. He has submitted that, such debates will establish that, the framers of the Constitution did not think it appropriate to codify the privileges, powers enjoyed by the State Legislature and the parliament. According to him, privileges are rights which are necessary for the execution of the powers and functions of Parliament and State Legislature unhindered and uninterruptedly. Therefore, according to him, the Parliament and the State Legislature should best be left to adjust their extent of powers and privileges. Courts should not interfere with the view taken by another constitutional authority as to the jurisdiction of such constitutional authority.