Can the proceedings of the Parliament be challenged in the court?
understand what is the matter
In fact, during the Rajya Sabha proceedings on 7 February 2018, PM Narendra Modi took a jibe at Congress leader Renuka Chowdhary’s statement. The PM had said in his speech during the proceedings, ‘I request you not to say anything to Renuka ji. After the Ramayana serial, it is a privilege to hear such laughter today. After this statement of the PM, there was laughter in the House and BJP MPs started thumping the table. Renuka has now said about going to court regarding this statement. Chaudhary said that she will file a defamation case against PM Modi. In a tweet made on March 23, Renuka has written that during this speech, I have been called Surpanakha in the House. I will file a defamation case against the PM. Let’s see how quickly the court takes action.
PM Modi did not name
In the video shared by Renuka Chowdhary in her tweet, she is not taking the name of Soorpanakha anywhere. Secondly, it is difficult to say that he meant Renuka Chowdhary only. However, after PM Modi’s speech, Congress created a big ruckus on this issue and demanded an apology from him. There is also the reaction of the people on Chaudhary’s tweet that this thing cannot be challenged in the court. People are also saying that PM Modi did not take anyone’s name during this speech. In fact, questions are also being raised regarding the timing of the defamation case against Chaudhary. After 5 years, why is Chaudhary planning to challenge this statement in the court.
Bharat Jodo Yatra: Gautam Buddha, Nanak and Saint Ravidas… Congressmen are telling Rahul like what on the stage
Bharat Jodo Yatra: Gautam Buddha, Nanak and Saint Ravidas… Congressmen are telling Rahul like what on the stage
Now understand whether this statement can be challenged in the court
Under Article 122 of the Constitution, the court cannot comment on or inquire into the proceedings of Parliament. The validity of the proceedings of Parliament cannot be challenged under this article. It cannot be challenged in the court citing any alleged irregularity in the proceedings. Apart from this, any officer of Parliament or MP who has been given some rights under the constitution, his work or which comes under the jurisdiction of the Parliament does not come under the scrutiny of the court. Similarly, under Article 212(2) of the Constitution, the proceedings in the state assemblies also cannot be challenged in the court. or that proceedings cannot be called in question.
powers with the speaker
If during the proceedings of the House, a member chooses such words which are not in accordance with the decorum of the House, then the decision to remove him from the proceedings rests with the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha. The statement made by PM Modi was not even removed from the proceedings of the House. Significantly, during the siege of the Central Government on Gautam Adani, some statements of Rahul Gandhi were removed from the proceedings of the Lok Sabha by the Speaker.
So will the case not stand in the court?
It is clearly stated in the article of the constitution that the proceedings of the house cannot be challenged in any court. That is, whatever PM Modi said in the Rajya Sabha, that matter comes directly under the chairmanship. If any action will be taken on this, it will be done directly by the Chairman. This is clearly mentioned in both the articles of the constitution. Secondly, PM Modi has not taken anyone’s name during his speech. In such a situation, this matter cannot even stand in the court.
Rahul directly took the name of PM Modi
During the Lok Sabha elections in 2019, Rahul Gandhi attacked PM Modi. In the case in which he was convicted, he directly took the name of PM Modi. During a rally in Karnataka’s Kolar, the Congress leader had said, ‘Why all thieves have the surname Modi, be it Lalit Modi or Nirav Modi or Narendra Modi.’ Rahul did not stop here, Rahul further said, ‘Nirav Modi, Lalit Modi, Narendra Modi will find more names if they search for more.’
Questions were also raised on Chaudhary’s intention
Questions are being raised on social media even on the claim of defamation case against Renuka Chowdhary. Why is Renuka thinking of filing a defamation case only after Rahul Gandhi has been punished? Questions are being raised about his intention to take up the matter of 2018 in 2023. Significantly, Renuka Chowdhary has been involved in the leaders close to the Gandhi family. After the Surat court sentenced Rahul Gandhi, he has targeted PM Modi by tweeting this.