This document discusses two topics related to the Constitution of India: the Eenadu privilege issue and the power of the Speaker under the anti-defection law. It summarizes that in the Eenadu privilege issue, the Supreme Court ruled that the legislative council has supreme power over privileges, though the judiciary can examine illegality. Regarding anti-defection law, while the Speaker has power to disqualify legislators, the Supreme Court struck down the bar on judicial review of these decisions, causing controversy between parliamentary and court powers in some cases.
1. CONSTITUTION OF INDIA
bY:SMIT SHAH
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Name-SMIT Shah
year-2nd year of B.S.L.S
Roll number-124
University- M.S.U BARODA
SUB-CONSTITUTION OF INDIA
TOPIC-ENENDU PRIVILEGE ISSUE AND
SPEAKER POWER UNDER ANTI
DEFECTION LAW.
2. EENADU PRIVILEGE ISSUE
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This Case is very important to understand
the Power and Privilege of the house.
3. Fact of the Eenadu privilage
issue
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In this case chief editor of Telugu
newspaper Eenadu was found guilty
Of contempt of Andhra Pradesh legislative
Council for publishing an item Elder’s
commotion in his newspaper.
After assembly house of Andhra Pradesh
ordered Eenadu to appear before it for
admonition.
Enendu had file a case in supreme court
against assembly house order.
4. EENADU PRIVILEGE ISSUE
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The Supreme Court gave the order to
secretary of house not to arrest him.
He refused to appear in the house of
Andhra Pradesh unless he was arrested
and
taken .
Finally during the discussion the member of
the house view that house is Supreme and
Sovereign in the matter of privilege , and
the Court had no authority to give the
judgment.
5. EENADU PRIVILEGE ISSUE
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It means by this case it is proved that
Council of house is Supreme and Sovereign
in its privilege no court have right to give
judgment in this matter
Its advisory opinion of the Supreme court
clearly say that under article 194(3) of the
constitution a parliament can determine its
privileges , it is open to the judiciary to
examine the illegality of the exercise of
legislative power.
6. POWER OF SPEAKER UNDER
ANTI-DEFECTION LAW.
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The speakers of various States while
exercising their powers under the anti-defection
law have shown scant regards to the
orders of the Court.
Under the anti-defection law the Speaker had
power to decide whether or not a legislator
was disqualified under the above law.
His decision is final/supreme decision.
7. POWER OF SPEAKER UNDER
ANTI-DEFECTION LAW.
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The supreme court has struck down para
7 Of the anti-defection law as
unconstitutional which barred the
jurisdiction of the courts in this area.
8. Power of speaker under anti-defection
law
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Mean controversy between court and
parliament .
9. Power of speaker under anti-defection
law
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For example,
However controversy found between speakers
decision and court ‘s order in some cases.
In Manipur,where certain MLAs were
disqualified by the speaker in the definance of
the supreme court direction ,the court has
issue notice against the speaker of manipur
assembly for ignoring the order of Court.
10. Power of speaker under anti-defection
law
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This conflict came to end when speaker
stated on oath that he would respect the
court order in “ terms and right.”