JUSTICE (RETD.) MARKANDEY KATJU vs THE LOK SABHA

The Supreme Court, while adjudicating a writ petition under Article 32, addressed the validity of Resolutions passed by the Rajya Sabha and Lok Sabha condemning the statements made by former Judge Markandey Katju regarding Mahatma Gandhi and Netaji Subhash Chandra Bose. The Court held that the principles of natural justice necessitate that the petitioner should have been given an opportunity for post decisional hearing before such Resolutions were passed. Consequently, the Court directed the Parliament to provide a hearing to the petitioner, thereby upholding the importance of fair procedure in legislative actions.