The Supreme Court’s seven-judge Bench has closed the legislative privileges reference arising from the 2003 case of The Hindu’s editorial team, holding that the cause of action ended when the Tamil Nadu Assembly resolution was withdrawn in 2004, and leaving the questions of law open for an appropriate case.
Thank you for reading this post, don't forget to subscribe!
New Delhi: The Supreme Court on Tuesday disposed of a seven-judge Bench reference on the interplay between legislative privilege and freedom of speech as infructuous, after being told that the 2003 Tamil Nadu Assembly resolution at the centre of the dispute was revoked in 2004. [N. Ravi v. Speaker, Legislative Assembly, Chennai]
The Bench comprised Chief Justice of India Surya Kant, Justice Aravind Kumar, Justice P.K. Mishra, Justice Joymalya Bagchi, Justice Vipul Pancholi, Justice Shree Chandrashekhar and Justice V. Mohana.
Background
In April 2003, The Hindu published an editorial criticising the then Chief Minister J. Jayalalithaa. The Tamil Nadu Legislative Assembly took the view that the publication amounted to a breach of its privileges. On 7 November 2003, the Speaker, K. Kalimuthu, passed a resolution holding the publication in breach of the privileges of the House. Editor N. Ravi, Executive Editor Malini Parthasarathy, Bureau Chief V. Jayant, Special Correspondent Radha Venkatesan and Publisher S. Rangarajan were taken into custody within hours.
The journalists moved the Supreme Court. On 10 November 2003, a Division Bench stayed the arrests, observing that the House appeared to have misread the law. The petitions raised questions on the interplay between Article 19(1)(a) (freedom of speech and expression), Article 21 (life and personal liberty) and Article 194(3) (powers, privileges and immunities of State Legislatures) of the Constitution.
In December 2003, a two-judge Bench referred the matter to a five-judge Constitution Bench, which, on finding conflicting views, referred it onward to a seven-judge Bench. The reference remained pending for about two decades. In August 2026, the Court decided to take it up for hearing from 6 October 2026.
Resolution withdrawn in 2004
Ahead of the hearing, Senior Advocate Raju Ramachandran informed the Bench that the 2003 resolution had been revoked in 2004. Solicitor General Tushar Mehta agreed that the issue had become academic. CJI Surya Kant indicated that the Court would not indulge in a mere academic exercise.
Senior Advocate Kapil Sibal remarked that the issue of misuse of legislative privilege was of great significance. Senior Advocate Abhishek Manu Singhvi observed in lighter vein that the proceedings were the shortest hearing and quickest disposal of a seven-judge matter.
Legislative Privileges Reference: Operative order
The Bench held that the cause of action for the reference had become infructuous because the impugned resolution stood withdrawn since 2004, and disposed of the reference without adjudicating the constitutional questions. The Court left the questions of law open for adjudication in an appropriate case. No liberty was granted.
Case Title: N. Ravi v. Speaker, Legislative Assembly, Chennai | W.P. (Cri.) Nos. 206-210/2003 | Hearing: 6 October 2026 | Bench: CJI Surya Kant, Justice Aravind Kumar, Justice P.K. Mishra, Justice Joymalya Bagchi, Justice Vipul Pancholi, Justice Shree Chandrashekhar and Justice V. Mohana
Appearances: Senior Advocates Raju Ramachandran, Kapil Sibal and Abhishek Manu Singhvi; Solicitor General Tushar Mehta.