1. What is the M. S. M. Sharma vs. Krishna Sinha Case all about?
The M. S. M. Sharma vs. Krishna Sinha case in 1959, also known as the Searchlight case, addressed the conflict between parliamentary privileges and the freedom of the press. The case arose when M. S. M. Sharma, the editor of the newspaper Searchlight, was summoned for breach of privilege by the Bihar Legislative Assembly for publishing parts of its proceedings, which the Assembly claimed were distorted.
2. Facts of the M. S. M. Sharma vs. Krishna Sinha Case Relevant for UPSC
- Parties Involved: M. S. M. Sharma (petitioner) vs. Krishna Sinha and the Bihar Legislative Assembly (respondent).
- Legal Questions:
- Whether the freedom of the press under Article 19(1)(a) of the Constitution can be curtailed by the privileges of a Legislative Assembly.
- The extent to which legislative privileges can override fundamental rights.
- Noteworthy Events:
- M. S. M. Sharma published certain proceedings of the Bihar Legislative Assembly in the newspaper Searchlight.
- The Bihar Legislative Assembly claimed that the published proceedings were distorted and amounted to a breach of privilege, summoning Sharma to explain.
- Sharma challenged the summons, arguing that his right to freedom of the press was being violated.
3. What are the Major Judgements/Changes Brought by M. S. M. Sharma vs. Krishna Sinha Case?
The Supreme Court delivered a significant judgement balancing parliamentary privileges and the freedom of the press:
- The Court held that parliamentary privileges, as provided under Article 194 of the Constitution, can take precedence over the freedom of the press under Article 19(1)(a).
- It ruled that legislative privileges are necessary for the functioning of the legislature and are not subject to fundamental rights, including the freedom of speech and expression.
- The judgement emphasized that the publication of legislative proceedings must be accurate and fair, and any distortion could justify a breach of privilege action by the legislature.
4. What was the Impact of M. S. M. Sharma vs. Krishna Sinha Case on Indian Constitution?
- Balancing Legislative Privileges and Press Freedom: The judgement clarified the relationship between parliamentary privileges and the freedom of the press, emphasizing that while the press has freedom, it must respect the privileges of the legislature.
- Supremacy of Legislative Privileges: It reinforced the supremacy of legislative privileges in maintaining the integrity and dignity of legislative bodies.
- Guidelines for Reporting: The ruling provided guidelines for the press, stressing the importance of accurate and fair reporting of legislative proceedings to avoid conflicts with legislative privileges.
5. Was this M. S. M. Sharma vs. Krishna Sinha Case Challenged/Reversed in Future?
The principles established in the M. S. M. Sharma case have been upheld in subsequent legal proceedings and continue to guide the interpretation of the relationship between parliamentary privileges and the freedom of the press. The judgement remains a key reference for cases involving conflicts between legislative privileges and fundamental rights.
6. Doctrines/Theories/New Concepts
- Doctrine of Legislative Privileges Over Fundamental Rights: The case introduced the principle that legislative privileges, essential for the functioning of legislative bodies, can take precedence over fundamental rights such as the freedom of speech and expression. This doctrine ensures the protection of legislative integrity while balancing the rights of the press.