Seven-judge Bench to hear challenge on law markers immunity from 6 October 2026
MLA Immunity under Article 194 and the Freedom of SpeechJudges: Surya Kant CJI, Joymalya Bagchi J, V. Mohana J
Today, a Bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana listed a batch of petitions on whether immunities enjoyed by law makers under Article 194 overrides the fundamental right to freedom of speech under Article 19. The Court stated that the matter will be taken up before seven-judges on 6 October 2026. The Bench composition is yet to be notified. It is one of the five pending seven-judge matters as per the National Judicial Data Grid (NJDG).
What is the case about?
In April 2003, The Hindu published an editorial titled “Rising Intolerance” criticising Chief Minister Jayalalita’s “authoritarian ways” in Tamil Nadu. The Speaker, K. Kalimuthu took cognisance of the editorial. In a resolution dated 7 November 2003, the Speaker wrote that “The Hindu had distorted the proceedings of the Assembly, commented contrary to the events in the Assembly” and that its actions “amount to imputing motives and slandering the Privileges Committee and its action”. This, he wrote, “amounts to breach of privilege of the entire House” under Article 194 of the Constitution. The Tamil Nadu State Assembly passed a resolution to arrest the editorial staff of The Hindu.
Half an hour after the resolution was passed, the police raided The Hindu’s Chennai office, arresting its Editor N. Ravi, Executive Editor Malini Parthasarathy, Bureau Chief V. Jayant, Special Correspondent Radha Venkatesan and Publisher S. Rangarajan. The Tamil Nadu Assembly’s decision was made under Article 194, which lays down the powers and privileges of the Houses of legislature.
On 8 November 2003, Ravi and others moved the Supreme Court against the Order of the Speaker arguing that privileges under Article 194 cannot override the fundamental right to freedom of the press provided under Article 19(1)(a). They argued that privileges cannot be invoked as the publication did not obstruct the proceedings of the legislative assembly.
The Supreme Court in November 2003 stayed the arrests but noted two conflicting judgements—Pandit M. S. M. Sharma v Shri Krishna Sinha (1958) and In The Matter Of: Under Article 143 v Unknown (1964). In the former, the Court had held that freedom of speech remained unaltered by the law under Article 194. The latter held that fundamental rights cannot preside over legislative privilege. The Court noted that there were substantial questions on the interpretation and interplay between Articles 194, 19(1)(a) and 21.
A five-judge bench referred the matter to seven-judges in December 2003. In October 2023, the Supreme Court stated that the matter will be heard in March 2024. The matter was listed for further directions two years later in August 2026.