[Facebook vs Delhi Assembly] Assembly's Function Not Confined To Legislation; Can Have Inquisitorial Role : Supreme Court
Live Law"The inquisitorial role of the committee in the functioning of House is of great significance, and as recognized, the investigation of a complicated social problem prior to legislation often rests frequently on such legislative committees" Acknowledging that it was not in dispute that Committee proceedings could not be equated to proceedings before the Court of Law, the Apex Court stated that there was no doubt that the powers of the House had to work in the context of the business of each House, and no House could be "knight in shining armour to correct issues in respect of which it has not legislative power". This is not unusual or without precedent…Once we recognize the wider array of functions performed by an elected Parliament or Assembly, not confined to only enacting laws, any act in furtherance of this wider role and any obstruction to the same will certainly give rise to an issue of parliamentary privilege". Referring to the judgment of Kalpana Mehta, the Court underline the significance of the Committees to undertake deliberations and provide recommendations as precursors to legislative activities, thereby becoming an extension of the Legislature itself – "…the effective working of committees is a prelude to the core working of the Assemblies". In context of how it was the State Government and the State Assembly which had to ultimately deal with the ground realities in Delhi, the Court also stated that areas which were not otherwise available to the legislature for its legislative exercise, could legitimately be available to a Committee for deliberations due to the availability of a broad area of governmental functions.