MUNIRAIKUMAR A.M. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Challenge in these writ petitions is to the Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and other Benefits) Bill 2014 (for short, 'Bill') passed by the Karnataka Legislative Assembly and the Karnataka Legislative Council.

(2.) It is unnecessary to notice the factual aspects and the rival contentions in view of the preliminary objection raised by Smt. Rafeeunisa, learned HCGP that the Court has no jurisdiction to determine whether the bill is a valid piece of legislation or not. In reply Sri. M.P. Sreekanth, learned advocate for the petitioners contended that the impugned bill having received the assent of the Governor on 11.02.2014 and having been published in the Karnataka Gazette dated 12.02.2014, the writ petition is maintainable.

(3.) It is common ground that the bill was agreed to without amendment by both the Chambers of the Karnataka Legislature. Till the bill received assent of the Governor it did not became an Act. Until a bill receives the assent of the Governor and is published in the Gazette, 'the Court cannot determine whether it is a valid piece of legislation or not' in as much as, the question whether either House of the Legislature has the right to discuss a bill laid before it, is a domestic matter regulated by the Rules of the House, as interpreted by its Hon'ble Speaker / Chairman and is not a matter with which a Court can interfere much less express any opinion. However, the Court can examine the matter after it becomes an Act.