Legislative Assemblies have wide inquisitorial powers: Supreme Court

In the recent case of Ajit Mohan & Others vs Legislative Assembly, National Capital Territory of Delhi and others, the Supreme Court ruled that a Legislative Assembly have to confine itself to the core function of legislation which could not be accepted as it would lead to an unreasonable restriction on the elected body role. Ajit Mohan, Facebook India Managing Director, filed a plea against the orders issued by the Peace and Harmony Committee of Delhi Assembly which sought for his appearance for an inquiry related to the Delhi Riots.

A Bench of Justices comprising Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy delivered the judgement by rejecting the plea that was filed by Ajit Mohan. The Hon’ble Court also rejected his argument that Delhi Assembly could never constitute a panel so as to conduct an enquiry as it was not function of legislative. This would be unreasonably restricting the role of an elected body. Hon’ble Court expressly discussed that ultimately, it is the State Government and the State Assembly which has to deal with the ground reality even in the dual power structure in Delhi. 

The Court stated that intelligent legislative action as well as deliberation rests upon the power to investigate into questions of public importance. The Court referred to the judgment of Kalpana Mehta And Ors. vs Union of India And Ors., signifying committees to provide recommendations and undertake deliberations as precursors to legislative activities, so as to become an extension of the Legislature.The Court recognized that “inquisitorial” and “recommendatory” powers of the Assembly could be utilized under the principle of better governance and discussed the important aspect that “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”. 

The Committees constituted by legislative bodies perform a key role in the functioning and the working of Houses. The Supreme Court also discussed the issue of non-member being summoned. Court directed that there is no dispute about the right of the Assembly or the Committee to proceed on grounds of breach of privilege per se. It was held that “members and non-members can equally be directed to appear before the Committee and depose an oath”.