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This is an archive article published on April 20, 1999

Speaker assures parleys on HC stay of privilege motion

MUMBAI, APRIL 19: Maharashtra Assembly Speaker Datta Nalawade today assured members that a meeting of group leaders of the House would be...

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MUMBAI, APRIL 19: Maharashtra Assembly Speaker Datta Nalawade today assured members that a meeting of group leaders of the House would be convened to discuss the Bombay High Court’s decision to stay a privilege motion passed by the Legislature.

The Assembly on April 8 had passed a motion to provide for a civil imprisonment of 30 days to sub-divisional engineer D N Ingale for breach of privilege of the House.

The court, inter-alia had stayed the operation of the motion which had been unanimously passed by the Assembly.

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The opinion of the Advocate General would also be sought, the Speaker said.

“I agree with the sentiments expressed by the members, who were unanimous in the fact that there was an encroachment on the rights of the Legislature, Nalawade said. “Under such circumstances, while we have enough time, we can also refer the dispute to the President of India under Article 143 of the Constitution.”

Nalawade pointed out that even under Article 212, the court is not empowered to intervene ortake cognisance of any decision taken by the Legislature. “The legislature itself is a court. It has been empowered to deliver a verdict on breach of privilege. (From) the manner in which the court has tackled the decision of the Assembly, it appears that the court acted in haste. At least, that is the unanimous opinion of the House,” Nalawade observed.

The Speaker said that under the Constitution of India, the Judiciary, Legislature and Executive had independent existence, and it was also expected that there would be no intra-interference among the three arms of government.

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“I am sure we will resolve the dispute within the framework of the Constitution,” he added.

Earlier, Communist Party of India (Marxist) member Narsaiyya Adam, who had given a notice under rule 57, urged the Speaker to suspend question hour to discuss the implications of the High Court order.

He was supported by members of both the Treasury and Opposition benches. Leader of the Opposition Madhukar Pichad, along with MohanRaichura, Nihal Ahmed, Waman Ghatap, Sohail Lokhandwala and Bhaskar Jadhav felt the Supreme Court should be approached.

Nalawade however said there was “no need” to approach the apex court as the issue was simply not within the jurisdiction of the Judiciary.

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Instead, he was for moving a breach of privilege notice against the two judges.

Parliamentary Affairs Minister Leeladhar Dake cautioned against a hasty decision, suggesting that the Speaker convene a meeting of all group leaders of the House and find a solution to the issue.

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