ABengaluru-based news outlet – The News Minute – has approached the Supreme Court seeking permission to intervene in a case concerning the scope of legislative privileges under Article 194(3) of the Constitution and their interplay with the fundamental right to freedom of speech and expression under Article 19(1)(a), the Live Law has reported.
The plea contends that allowing legislative bodies to invoke breach of privilege proceedings to curtail journalistic reportage and commentary would have a chilling effect on press freedom and the public’s right to information, and would adversely affect the Indian democracy.
The applicants say that they are directly and substantially affected by the constitutional questions involved in the case as The News Minute regularly reports on the conduct of legislators inside and outside legislative proceedings and has faced gag orders in cases filed by elected representatives.
The application cites references from a 2003 incident when the Tamil Nadu legislative assembly sentenced five journalists and the publisher of The Hindu to 15 days’ imprisonment over articles critical of the then state government.
The matter will be heard by a 7-judge Constitution bench from October 6 to 15.
The said case is related to the interpretation of Article 194(3), 19(1)(a), and 21 of the Constitution, associated with the limits of legislative privileges and their relationship with fundamental rights.
The petitioner argues that allowing legislative privileges to restrict reporting on legislators would expose journalists to adverse penal consequences, including imprisonment for discharging their professional duties.
The applicant also highlights that the restriction on journalistic reporting through legislative privileges would not only affect the press freedom of speech and expression under Article 19(1)(a) but also the people’s right to information as the same has been recognized by the Supreme Court as an integral component of the fundamental right to freedom of speech and expression.