This is the Hindi version of The Legislature and the Judiciary published by us in English recently for the Rajya Sabha Secretariat, New Delhi.

The Indian Constitution provides for a federal form of government, with a division of power between the legislative and executive arms of the state. Both institutions have evolved, over the years, as mature, dynamic and relatively autonomous in their respective spheres of activity—further strengthening the edifice of democracy. While these two organs have functioned with restraint and responsibility, the legitimate concerns of the respective institutions to guard their autonomy have led to differences between the two. Since independence, the courts have been called upon on numerous occasions to resolve such conflicts.

A pioneering volume, The Legislature and the Judiciary explains the powers, privileges and immunities of legislatures in India. It also highlights the role of the judiciary in articulating a constitutional position on the legislature’s autonomy, along with a detailed discussion of all the important cases dealt by the high courts and the Supreme Court. 

In the critical Foreword, eminent jurist Upendra Baxi provides a brief background to the birth of the Indian constitution. He highlights how the constitution-makers were profoundly influenced by the powers, privileges and immunities enjoyed by the House of Commons. He draws our attention to the interesting fact that a majority of cases filed so far are by the legislators themselves, and explains the need for them to have privileges and immunities.

This volume consists of two sections:

Section 1 details the evolution of law through judicial interpretations of provisions relating to Parliament and the State Legislature. Stating, precisely, the current position of the law, it encapsulates the principles of law laid down by the high courts and the Supreme Court.

Section 2 provides a brief summary of judgments. Almost all the significant rulings of the high courts and the Supreme Court relating to Parliament and the State Legislatures have been incorporated in this section.

This consolidation of legal information will facilitate a clear understanding of the existing legal position of the legislature. This volume will also be a valuable resource for constitutional experts, jurists, students of political science and law, and legislators.

The chief editor is Raghabir Singh, Ex-Secretary, Ministry of Law and Justice; currently Chairman, Copyright Board.

Foreword by Upendra Baxi
Preface
Acknowledgements
Introduction
Section I: Analysisof Case Laws
1. Powers, Privileges and Immunities of Parliament and State Legislatures
2. Powers, Privileges and Immunities of Members
3. Sessions, Prorogation and Dissolution
4. Members’ Right to Attend Session of the House while Under Arrest/Detention
5. Writ Petitions Challenging Resolutions Adopted by the House
6. Writ Petitions Challenging Decisions of the Chairman/Speaker
7. Qualifications and Disqualifications of Members of Parliament and State Legislatures
8. Anti-defection Law (Tenth Schedule)
9. Resignation, Removal and Vacation of Seat
10. Oath or Affirmation
11. Voting in the House
12. Introduction and Passing of Bills
13. Address and Messages of President/Governor tothe House or House(s)
14. Conflict of Powers of the Legislature vis-à-visthe Judiciary
Topic-wise List of Cases
Section II: Summary of Cases
1. A. K. Roy and Ors v. Union of India and Ors
2. A. K. Subbaiah v. Ramakrishna Hedge and Ors
3. A. Kunjan Nadar v. The State
4. A. M. Paulraj v. The Speaker, Tamil Nadu Legislative 165Assembly, Madras and Anr
5. A. Swamickan v. K. Venkatachalam and Anr
6. Ajit Singh v. State (Delhi), Through CBI
7. Amarinder Singh v. Special Committee, Punjab Vidhan Sabha and Ors
8. Anand Bihari Mishra v. Ram Sahay
9. Anand Mohan v. Union of India and Ors
10. Ansumali Majumdar and Ors v. The State of West Bengal and Anr
11. Baljeet Singh v. Election Commission of India and Ors
12. Bhagwan Dass Sehgal v. State of Haryana and Ors
13. Biharilal Dobray v. Roshan Lal Dobray
14. Brundaban Nayak v. Election Commission of India and Anr
15. C. Srikisen v. State of Hyderabad and Ors
16. C. Subramaniam v. Speaker of Madras Legislative Assembly and Ors
17. Chhabildas Mehta, MLA and Ors v. The Legislative Assembly, Gujarat State and Ors
18. D. Murugesan v. The Hon’ble Speaker (Thiru Sedapatti R. Muthiah) Tamil Nadu Legislative Assembly
19. Dr Jatish Chandra Ghosh v. Harisadhan Mukherjee and Ors
20. Dr Jatish Chandra Ghosh v. Harisadhan Mukherjee and Ors
21. Dr Kashinath G. Jalmi and Anr v. The Speaker and Ors
22. Dr Luis Proto Barbosa v. Union of India and Ors
23. Dr Mahachandra Prasad Singh v. The Hon’ble Chairman, Bihar Legislative Council and Ors
24. Durga Das Rathore v. The State of Bihar and Ors
25. G. Vasantha Pai v. C. K. Ramaswamy and Anr
26. G. Viswanathan v. The Hon’ble Speaker, Tamil Nadu Legislative Assembly, Madras
27. Gunupati Keshavram Reddy v. Nafisul Hasan and the State of UP
28. Har Sharan Varma v. Union of India and Ors
29. Hardwari Lal v. Election Commission of India and Ors
30. Haridasan Palayil v. The Speaker, Kerala Legislative Assembly
31. Hem Chandra Sen Gupta v. The Speaker, Legislative Assembly of West Bengal
32. In Re: Gujarat Assembly Election Matter
33. In Re: K. Anandan Nambiar
34. In Re: Pillalamarri Venkateswarlu, a detenu in the Central Jail v. The District Magistrate and Superintendent, Central Jail
35. Jagjit Singh v. State of Haryana and Ors
36. Jai Singh Rathi and Ors v. State of Haryana
37. Janaganavadi Bharti v. Government of India and Ors
38. Jaya Bachchan v. Union of India and Ors
39. Jayashankara Gowda v. Chief Secretary
40. Joginder Singh Toor and Anr v. Union of India through Secretary, Law, Justice and Companies Affairs, New Delhi and Ors
41. K. Anandan Nambiar v. Chief Secretary to Government of Madras
42. K. Anbazhagan and Ors v. The Secretary, The Tamil Nadu Legislative Assembly, Madras and Ors
43. Keshav Singh v. The Speaker
44. Kihota Hollohan v. Zachilhu and Ors
45. M. Kunjukrishnan Nadar v. The Hon’ble Speaker, Kerala Legislative Assembly, Trivandrum and Ors
46. M. S. M. Sharma v. Sri Krishna Sinha and Ors
47. Madhu Parumala v. The Speaker, Kerala Legislative Assembly
48. Madhukar Jetly v. Union of India and Ors
49. Manjit Singh v. Maharashtra Assembly
50. Mayawati v. Markandeya Chand and Ors
51. Naveen Chandra Gupta, Advocate v. Union of India and Ors
52. Navjot Singh Sidhu v. State of Punjab
53. O. Ramalingam and Ors v. The Director, Daily Thanthi and Ors
54. P. V. Narasimha Rao v. CBI (Delhi)
55. P. V. Narasimha Rao v. State (CBI)
56. Panna Lal Agyan and Ors v. The Hon’ble Speaker, Sri Balram Jakgad and Ors
57. Parkash Singh Badal and Ors v. Union of India and Ors
58. Pashupati Nath Sukul and Ors v. Nem Chandra Jain and Ors
59. Prakash Kant v. The Speaker of Uttaranchal Assembly, Dehradun
60. Purshottam Lal Sharma v. State of Rajasthan and Ors
61. R. Krishnaiah v. Union of India and Ors
62. Raghu Raj Pratap Singh alias Raja Bhaiya v. State of UP and Ors
63. Raj Narain Singh v. Atmaram Govind and Anr
64. Raja Ram Pal v. The Hon’ble Speaker, Lok Sabha and Ors
65. Rajendra Singh Rana and Ors v. Swami Prasad Maurya and Ors
66. Rajesh Ranjan v. State of Bihar and Anr
67. Ram Das Athawale v. Union of India
68. Rameshwar Prasad and Ors v. Union of India and Anr
69. Ravi S. Naik and Sanjay Bandenkar v. Union of India
70. Saroj Giri v. Vayalar Ravi and Ors
71. Sarojini Ramaswami v. Union of India and Ors
72. Social Action for People’s Rights and Anr v. State of Uttar Pradesh
73. State of Kerala v. R. Sudarsana Babu
74. Sub-committee of Judicial Accountability v. Union of India and Ors
75. Surat Singh Yadav v. Sudama Prasad Goswami and Anr
76. Surendra Mohanty v. Nabakrishna Choudhury and Ors
77. T. M. Jacob v. State of Kerala and Anr
78. Tej Kiran Jain and Ors v. N. Sanjiva Reddy and Ors
79. Tej Kiran Jain and Ors v. N. Sanjiva Reddy and Ors
80. Thankamma v. The Hon’ble Speaker, Legislative Assembly, Travancore-Cochin State and Anr
81. The Election Commission of India and Anr v. Dr Subramanian Swamy
82. The Election Commission of India v. N. G. Ranga and Ors
83. Udai Narain Sinha v. State of Uttar Pradesh and Ors
84. Yeshwant Rao Meghwale v. Madhya Pradesh Legislative Assembly and Ors

List of Articles for Section 1
Case Index
General Index