Supreme Court of India

K. Anandan Nambiar v Chief Secretary, Government of Madras

AIR 1966 SC 657; 1966 SCR (2) 40619651 min read
The case in brief30-second read
Facts
The petitioners, members of Parliament, were detained under the Defence of India Rules. They argued that their detention prevented them from exercising their rights as members of Parliament and was therefore invalid.
Issue
Whether members of Parliament are immune from preventive detention or criminal arrest because of their membership.
Held
The rights of a member of Parliament to attend sessions, speak and vote are constitutional rights at best, not fundamental rights, and they are subject to the law. A member is not immune from arrest on a criminal charge or from detention under a valid law of preventive detention. The petitions failed.
Principle
Members of a legislature have no immunity from criminal arrest or valid preventive detention.
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Facts

  • The petitioners, members of Parliament, were detained under the Defence of India Rules. They argued that their detention prevented them from exercising their rights as members of Parliament and was therefore invalid.

Issue

  1. Whether members of Parliament are immune from preventive detention or criminal arrest because of their membership.

Held

  • The rights of a member of Parliament to attend sessions, speak and vote are constitutional rights at best, not fundamental rights, and they are subject to the law. A member is not immune from arrest on a criminal charge or from detention under a valid law of preventive detention. The petitions failed.

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Citation

K. Anandan Nambiar v Chief Secretary, Government of Madras AIR 1966 SC 657; 1966 SCR (2) 406

Reported: https://indiankanoon.org/doc/1740805/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.