However, the apex court found this argument to be of “no avail.”
It was emphasised that although the Court had previously held that parliamentary law was of a higher quality and efficacy than the Rules under Article 118, this did not whittle down the legal exposition that the Rules framed by the Legislative Assembly under Article 208 of the Constitution are “procedure established by law” for the purpose of Article 21 of the Constitution.
“It is, however, enough for the present to observe that the rules framed under Article 208 acquire the status of procedure established by law for the purpose of Article 21 of the Constitution as noticed in M.S.M. Sharma. This observation has been quoted with approval by another Constitution Bench again in Raja Ram Pal , inter alia, in paragraphs 53, 167, 338, 416 and 417,” the Court said.
Source: Barandbench
