1. What is the Keshav Singh’s Case all about?
The Keshav Singh’s case, formally known as Keshav Singh vs. Speaker, Legislative Assembly, was a landmark case in 1965 concerning legislative privileges and judicial review in India. Keshav Singh, a citizen, was arrested for contempt of the Uttar Pradesh Legislative Assembly for publishing a pamphlet critical of a Member of the Legislative Assembly (MLA). Singh challenged his detention, leading to a significant legal battle between the legislature and the judiciary on the extent of legislative privileges and the judiciary’s power to review such privileges.
2. Facts of the Keshav Singh’s Case Relevant for UPSC
- Parties Involved: Keshav Singh, a private citizen, and the Speaker of the Uttar Pradesh Legislative Assembly.
- Legal Questions: The primary question was whether the detention of Keshav Singh for contempt of the legislature was valid and whether the judiciary had the authority to review legislative privileges.
- Noteworthy Events: Keshav Singh was arrested and sentenced to imprisonment by the Uttar Pradesh Legislative Assembly. He filed a writ petition in the Allahabad High Court, challenging his detention. The High Court ordered his release on bail, which led to a conflict between the judiciary and the legislature.
3. What are the Major Judgements/Changes Brought by Keshav Singh’s Case?
The Allahabad High Court and later the Supreme Court of India addressed the conflict between legislative privileges and judicial review. The key judgement included:
- The Supreme Court held that while legislatures have privileges, these privileges are subject to judicial review.
- It was established that the judiciary has the power to review actions of the legislature to ensure they are within constitutional bounds.
4. What was the Impact of Keshav Singh’s Case on Indian Constitution?
- Judicial Review: The case reinforced the principle of judicial review over legislative privileges, ensuring that legislative actions do not violate constitutional rights.
- Balance of Power: It highlighted the balance of power between the legislature and the judiciary, emphasizing that legislative privileges are not absolute and can be subject to judicial scrutiny.
5. Was this Keshav Singh’s Case Challenged/Reversed in Future?
The principles established in the Keshav Singh case have been upheld in subsequent legal proceedings, and the balance between legislative privileges and judicial review has continued to be a significant aspect of Indian constitutional law.
6. Doctrines/Theories/New Concepts Introduced by Keshav Singh’s Case
- Judicial Review over Legislative Privileges: The case underscored that legislative privileges, though significant, are not beyond the scope of judicial review. This doctrine ensures that the actions of the legislature can be reviewed to protect constitutional rights and principles.