The Constitution of India which is the supreme law of the land under Article 361 (A) (1) has clearly provided that no person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of any proceedings of either House of Parliament or the Legislative Assembly, or as, the case may be, either House of the Legislature, of a State, unless the publication is proved to have been made with malice. So it is very clear that the journalist or the media has the duty and right to report the truth except when it is expressly prohibited or for something which is secret [Art: 361 (A) (2)] or for the sake of security or safeguarding the public interest.
Hence the issue that had come up in the media regarding an article by the well-known and out-spoken editor Patricia Mukhim, being referred to the Privileges Committee of the Meghalaya Assembly in a motion moved by the independent legislator, John Leslee Sangma and accepted by the Hon’ble Speaker is questionable. It appears clearly as an attempt to suppress and violate the very fundamental rights as enshrined under Article 19 (1) (a) of the Indian Constitution. And, if the said legislator manages to persuade the Assembly to consider the article dated ST 17, March 2017 as a matter of insinuation as reported then every reasonable individual can openly proclaim that our legislators are deprived of the analytical ability, and therefore should not be qualified to be the representatives of the people and all must resign.
The legislators should know that Article 105 of the Indian Constitution empowers them only with the privilege that they shall not be liable to any proceedings in any court in respect of anything said or any vote given by them in the House so that they can exercise freely the freedom of speech on behalf of the people who elected them, but, not to cover-up their shame, incompetency, selfishness and corrupt practices. Sadly, the fact is, that many of our elected law makers do not even possess basic or sufficient knowledge of law.
Therefore, out of ignorance infringement of fundamental rights are bound to be committed. And, also, it is important to bring to the notice of our legislators the judgment of the Supreme Court in the case of State of Karnataka v. Union of India (1977) which held that a House of Parliament or State Legislature cannot try anyone or any case directly as a Court of Justice can, but it can proceed quasi judicially in case of contempt of its authority and take up motions concerning its ‘privileges and immunities’ because in doing so, it seeks removal of obstructions to due performance of its legislative functions. So, if Ms Mukhim is to be summoned, because of the facts and opinions in her said article, before the Privilege Committee then everyone in this democratic country should know and demand what ‘privileges’ have been violated; what kind of contempt has been committed and what are the evidential proof that the legislators are obstructed from performing their duties during the 2017 budget session and when, because prima facie as per the said judgment the State Legislature is empowered to do so only on contempt of its authority and to seek removal of obstruction of legislative functions.
Perhaps, the article of Ms Mukhim has highlighted a great deal of how the legislators of this state are moving around without vision and mission and are more concerned about their personal comforts and taste than to address the plight of the society. Some of them might not even know properly the boundaries of their respected constituencies.
The people of this country as empowered by the Constitution do not elect their representatives to be rulers as kings and princes but to be leaders to serve the interests of the public. However, as time goes by it seems everything has turned around. Now the elected members have become landlords, bosses, masters, even cleverly trying to be saints in doling charity out of the public schemes as if it is out of their salaries or income. And most amazingly some even dare to proclaim criminal accused as saints. Oh My God! What the hell on earth is going on?
People of Meghalaya the 2018 election is near at hand so please save your society. Don’t be indifferent and sell yourself for personal benefits, otherwise, the worse is yet to come and revolution might be on the way.