CHENNAI: Asserting that Assembly proceedings cannot be called into question by a court of law, the state government on Tuesday informed the Madras High Court that it is the prerogative of the speaker to decide on what can be telecast live.
Making the submission on behalf of Tamil Nadu Assembly secretary, Advocate General (AG) R Shunmugasundaram said, “According to Article 212 of the Constitution, the proceedings of Legislative Assembly cannot be called into question by a court.” As such, the speaker's prerogative cannot be questioned either, he told a bench comprising Chief Justice SV Gangapurwala and Justice PD Audikesavalu.
Saying the state is telecasting live businesses of the House like budget speeches, question hour and addresses of the Governor and the Chief Minister, he said live telecast of entire proceedings is not possible because the speaker has to decide on expunging instantaneously unparliamentary points, if made by members, from the House records.
The submissions were made during the hearing on two petitions filed by DMDK founder Vijaykant and one Jagadheeswaran. AIADMK whip in the Assembly SP Velumani had also filed an implead-petition in the case. The AG pointed out that the petitioners are not members of the Assembly and assailed the implead petition filed by Velumani as not legitimate as it was filed after 12 years.
“No action for live telecast of House business was taken by the implead petitioner when he was in power,” Shunmugasundaram said. Noting that information on the proceedings of the Assembly is available in other modes such as media reports, govt releases and availability of audio broadcast, the AG said, “Live telecast cannot be done for anyone’s visual pleasure”. The bench adjourned the matter to July 26.