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CONSTITUTION OF INDIA 
bY:SMIT SHAH 
1 
 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.
EENADU PRIVILEGE ISSUE 
bY:SMIT SHAH 
2 
 This Case is very important to understand 
the Power and Privilege of the house.
Fact of the Eenadu privilage 
issue 
bY:SMIT SHAH 
3 
 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.
EENADU PRIVILEGE ISSUE 
bY:SMIT SHAH 
4 
 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.
EENADU PRIVILEGE ISSUE 
bY:SMIT SHAH 
5 
 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.
POWER OF SPEAKER UNDER 
ANTI-DEFECTION LAW. 
bY:SMIT SHAH 
6 
 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.
POWER OF SPEAKER UNDER 
ANTI-DEFECTION LAW. 
bY:SMIT SHAH 
7 
 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.
Power of speaker under anti-defection 
law 
bY:SMIT SHAH 
8 
 Mean controversy between court and 
parliament .
Power of speaker under anti-defection 
law 
bY:SMIT SHAH 
9 
 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.
Power of speaker under anti-defection 
law 
bY:SMIT SHAH 
10 
 This conflict came to end when speaker 
stated on oath that he would respect the 
court order in “ terms and right.”
bY:SMIT SHAH 
11 
THANK YOU

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Constitution of india part -2

  • 1. CONSTITUTION OF INDIA bY:SMIT SHAH 1  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 bY:SMIT SHAH 2  This Case is very important to understand the Power and Privilege of the house.
  • 3. Fact of the Eenadu privilage issue bY:SMIT SHAH 3  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 bY:SMIT SHAH 4  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 bY:SMIT SHAH 5  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. bY:SMIT SHAH 6  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. bY:SMIT SHAH 7  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 bY:SMIT SHAH 8  Mean controversy between court and parliament .
  • 9. Power of speaker under anti-defection law bY:SMIT SHAH 9  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 bY:SMIT SHAH 10  This conflict came to end when speaker stated on oath that he would respect the court order in “ terms and right.”
  • 11. bY:SMIT SHAH 11 THANK YOU