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1 - 10 of 12 (0.25 seconds)Article 105 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
Article 101 in Constitution of India [Constitution]
Article 194 in Constitution of India [Constitution]
Rakesh Ranjan Gupta vs State Of U.P. And Anr. on 24 July, 1998
He also relied upon Rajesh Ranjan Vs. State of Bihar,
2000 (9) SCC 222, wherein elected Member of Parliament was
permitted to be produced before the Speaker of the Lok Sabha for
the purpose of taking oath so that he may not loose his membership
of the Parliament.
Article 190 in Constitution of India [Constitution]
Suresh Kalmadi vs Union Of India & Ors. on 30 August, 2011
After hearing the learned counsel for the petitioner
the first legal question which arises for consideration is the power of
Raj Kumar Arora 2
2014.02.03 17:33
I attest to the accuracy and
integrity of this document
CRM-M-3814-2014 (O&M)
this Court in the exercise of inherent jurisdiction under Section 482
Cr.P.C., to grant permission to the petitioner to attend 5th session of
Legislative Assembly on the ground that he has got a right of
speech inside the House and on the ground that he enjoys exclusive
privilege as member of the State Legislation to meet the
constitutional obligation. The provisions of Article 190 and 194 of the
Constitution of India are pari materia with Articles 101 & 105 of the
Constitution of India under Chapter V which deals with the members
of the Parliament, their disqualification and the privileges etc.
The provisions of Articles 101 & 105 of the
Constitution of India fall under Chapter VI (i) of the Constitution of
India dealing with the members of the State executive, State
Legislation and the disqualification and privileges etc., of the
members of the State Legislation. Provisions of Articles 101 & 105 of
the Constitution of India were considered before a Division Bench in
Suresh Kalmadi Vs. Union of India and others, 2012 (1) RCR
(Crl.), 543, where a member of the Parliament facing serious
charges of corruption sought permission to attend parliamentary
proceedings. The Division Bench of Delhi High Court taking into
consideration the fundamental rights, powers, privileges and
immunities arrived at a conclusion that in the exercise of powers
under Section 226 of the Constitution of India, it will be inappropriate
to exercise the discretion under Article 226 of the Constitution of
India to grant permission to an accused of a serious offence to
attend the parliamentary session solely on the foundation that he has
Raj Kumar Arora 3
2014.02.03 17:33
I attest to the accuracy and
integrity of this document
CRM-M-3814-2014 (O&M)
got a right of speech inside the Parliament or on the foundation that
he enjoys exclusive privilege in the Parliament as a member on the
substratum that he has to participate in the proceedings to meet the
constitutional obligation. The inherent power vested in the High Court
under Section 482 Cr.P.C., cannot be involved where the jurisdiction
under Article 226 of the Constitution of India cannot be invoked.
Article 227 in Constitution of India [Constitution]
M/S. Pepsi Foods Ltd. & Anr vs Special Judicial Magistrate & Ors on 4 November, 1997
This
question was decided in M/s Pepsi Foods Ltd. Vs. Special
Judicial Magistrate, AIR 1998 (SC) 128. It was held in the said
case that if a Court finds that the petitioner could not invoke its
jurisdiction under Article 226 of the Constitution of India, the Court
cannot certainly treat the said petition under Article 227 of the
Constitution of India or Section 482 Cr.P.C. So far as the judgments
cited by the learned Counsel for the petitioner permitting the
members of the Legislative Assembly or Parliament to attend the
session in custody, are concerned, the said power cannot be
exercised under the garb of authority under Section 482 Cr.P.C., by
this Court.