Rajasthan High Court starts hearing the petition filed by dissident Congress MLAs led by Sachin Pilot against the disqualification notices issued by Speaker. Follow live updates...
Rajasthan High Court starts hearing the petition filed by dissident Congress MLAs led by Sachin Pilot against the disqualification notices issued by Speaker.
Follow live updates here.
Live Updates
2020-07-20 04:53:04
20 July 2020 11:22 AM IST
Freedom of speech of a member is not an absolute freedom, the SC had held in Kihoto case, submits Singvhi.
The settled position cannot be reopened by the High Court, he says.
20 July 2020 11:20 AM IST
Singvhi says that the same arguments, which were considered and rejected by the SC, are being raised by Salve against the constitutionality of paragraph 2(1)(a) of the tenth schedule.
20 July 2020 11:19 AM IST
Singhvi points out that the SC, in the 1992 case Kihoto Hollohan case, had rejected the arguments raised by Salve against tenth schedule. Tenth Schedule was upheld as a reasonable restriction on free speech : Singvhi.
20 July 2020 11:11 AM IST
No cause of action for the writ until the Speaker takes a decision on the disqualification notices : Dr Singhvi.
20 July 2020 11:04 AM IST
Singhvi cites the 2016 Amrita Rawat vs Uttarakhand Legislative Assembly Speaker decision, where the court had dismissed a petition challenging show cause notice of Speaker.
20 July 2020 10:44 AM IST
Singhvi citing the decision in Keisham Meghachandra Singh(authored by J Nariman) to state that it is for the Speaker to decide on the disqualification notices.
20 July 2020 10:41 AM IST
The Courts cannot interfere before a decision is taken by the Speaker on the disqualification notices : Singhvi.
20 July 2020 10:37 AM IST
Singhvi cites the cases of Kihoto Hollohan, Jharkhand Assembly etc to advance the point that the scope of judicial review is limited.
20 July 2020 10:28 AM IST
"Can speaker order that proceedings of the Court be video recorded?", Singhvi asks, saying that the Court should keep away from proceedings within House.
20 July 2020 10:23 AM IST
Courts cannot interfere with the house proceedings. The Speaker's decision to initiate disqualification proceedings are not amenable to judicial review : Dr AM Singhvi