3 weeks ago
Calcutta High Court quashes MLA Kunal Ghosh's Assembly speech plea
Kunal Ghosh is a politician from the Indian state of West Bengal, and he is a member of the state Assembly.
Members of the Assembly are supposed to talk about new laws and budgets, but Ghosh said he was not allowed to speak.
He went to a very important court, called the Calcutta High Court, to ask for its help.
The court said it cannot interfere in how the Assembly decides who gets to talk.
A rule called Article 212 of the Constitution keeps courts away from the internal meetings of legislatures.
The judge told Ghosh to bring his problem to the Speaker of the Assembly, who runs the House.
Ghosh belongs to a smaller group inside his political party, the Trinamool Congress, and he felt the bigger group was stopping him from speaking.
Lawyers for the Assembly said Ghosh did speak in June, and that everyone gets a turn because there are 294 members.
In the end, the court said it had no role in the matter and closed the case.
The Calcutta High Court quashed a petition by Trinamool Congress MLA Kunal Ghosh alleging suppression of his right to speak in the West Bengal Assembly.
Justice Krishna Rao held the petition was not maintainable, citing Article 212 of the Constitution, which bars courts from questioning legislative proceedings.
The judge advised Ghosh to raise his grievances with Assembly Speaker Rathindra Bose instead of seeking judicial review.
Ghosh, MLA from the Beleghata constituency in Kolkata, belongs to the minority TMC faction loyal to Mamata Banerjee, while the majority faction is led by Leader of Opposition Ritabrata Banerjee.
Assembly lawyers said Ghosh spoke on June 23 and 24 on the Governor's speech and Budget and that all 294 legislators must be given a chance to speak.
- Who
- Trinamool Congress MLA Kunal Ghosh and the Calcutta High Court single-judge bench of Justice Krishna Rao
- What
- The High Court quashed Ghosh's petition alleging suppression of his right to speak in the West Bengal Assembly
- Where
- Calcutta High Court, Kolkata, West Bengal, India
- When
- Friday, when the petition came up for hearing before Justice Rao's bench
- Why
- The court cited Article 212 of the Constitution, ruling it cannot intervene in the internal proceedings of the Assembly
Kunal Ghosh's Claim
Assembly and Court Position
Denial of speaking opportunity
Kunal Ghosh's Claim
Ghosh alleges his name was never proposed for participation in bill debates and that he was denied the chance to object to bills such as the Bengal Public Safety and Control of Antisocial Activities Bill 2026, the Finance Bill and the Municipal Affairs budget.
Assembly and Court Position
Lawyers for the Assembly and the chief whip say Ghosh spoke on June 23 and 24 on the Governor's speech and Budget, was not being singled out, and that all 294 legislators get their turn to speak.
Judicial intervention in Assembly matters
Kunal Ghosh's Claim
Ghosh sought judicial review, calling the circumstances extraordinary, because his right to speak on the floor of the House was being suppressed.
Assembly and Court Position
The court and Assembly lawyers held that Article 212 bars courts from regulating who speaks in the House, and Ghosh should resolve the issue before the Speaker within the Assembly.
Key facts
- Court
- Calcutta High Court
- Judge
- Justice Krishna Rao
- Petitioner
- Kunal Ghosh, TMC MLA from Beleghata constituency, Kolkata
- Constitutional bar
- Article 212 of the Constitution
- Assembly Speaker
- Rathindra Bose
- Leader of Opposition
- Ritabrata Banerjee (majority TMC faction)
- Assembly size
- 294 legislators
- Speaking dates cited
- June 23 and 24 (Governor's speech and Budget)
Quotes
Justice Krishna Rao
Judge of the Calcutta High Court
“There are 294 legislators. Everyone has to be given a chance to speak. How could the court regulate which MLAs could speak and which MLAs could not?”
thehansindia.com
“Justice Rao observed that Article 212 of the Constitution bars this court from entertaining any such allegation”
telegraphindia.com
Sources
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