The Supreme Court on Thursday dismissed an appeal by its former judge Markandey Katju against resolutions by both the houses of the Parliament condemning him for his comments over Mahatma Gandhi and Subhash Chandra Bose.
The court, however, held his petition to be maintainable in law, which lays down an important legal principle : The Supreme Court has the authority to judicially review even the resolutions passed by the Parliament and that they are not immune.
But it remained unimpressed with Katju’s arguments that the Parliament could not have passed the resolution without hearing him. He wanted the resolutions to be quashed.
In March 2015, both the houses had passed resolutions condemning the former Press Council of India chairperson for his blog post in which he called Gandhi “a British agent” and Bose “a Japanese agent”. Justice Katju claimed the resolutions curtailed his right of free speech and harmed his reputation.