The Madras High Court has held that courts cannot raise questions over proceedings of the Tamil Nadu Legislative Assembly, citing constitutional protections.
The petition was filed by AIADMK whip Agri Krishnamoorthy, challenging an amendment added to a resolution passed in the Assembly on June 19 against the Karnataka government’s proposed dam at Mekkedatu across the Cauvery. The amendment, included on the request of Opposition leader Udhayanidhi, sought the setting up of a tribunal on the Mekkedatu issue. AIADMK and PMK, among others, had objected to the change.
A Division Bench comprising Chief Justice S.A. Dharmadhikari and Justice G. Arul Murugan referred to Article 212(1) of the Constitution, which bars courts from questioning the validity of Assembly proceedings on procedural grounds. The Bench also cited Article 194, which provides legal protection for statements made by members in the House.
The court noted that the Speaker has full authority to decide questions relating to Assembly procedure, and that incorporating the Opposition leader’s suggestion into the resolution fell within the Speaker’s powers. On this ground, the Bench held the petition was not maintainable and dismissed it.
