‘Can’t put a chip on lawmakers,’ Supreme Court junks a plea for digitally monitoring all MPs/MLAs

New Delhi: The Supreme Court on Friday rejected a plea for a direction that all the MPs and MLAs should be digitally monitored, asking how the court could pass an order to put chips on the lawmakers, which is primarily done for felons. The court mentioned that the legislators have a right to privacy too.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said, “We cannot put some chips on their legs and hands to monitor what they do. We do it only in the case of a convicted felon, who you apprehend is likely to flee justice, how can we digitally monitor, there is something called right to privacy”.

The court dismissed the PIL by Surinder Nath Kundra seeking a direction to digitally monitor all MPs and MLAs in the country.

Kundra, who was appearing in person, asked the court to present his case and why he was seeking this direction.

The bench warned him that he is utilising public time, and that court may direct him to deposit the cost.

"It is not our ego, it is public time and there are so many other matters," the bench said.

Kundra asked the bench to allow him to present his case.

He contended that the people of the country elect these MPs and MLAs and their job is to present the people. “After getting elected under the Representation of People Act, these MPs/MLAs start behaving as rulers,” Kundra claimed.

The bench said the petitioner cannot say that about every MP/MLA.

"You may have particular grievances against one person and you cannot make a charge against all MPs,” the bench told him.

Kundra said the people are the ultimate authority of the nation under the Preamble, and MPs/MLAs are public servants and the ultimate authority should be making laws and not the servants.

"How will individual citizens make laws? In democratic countries.... Laws have to be moved/passed in the Parliament by elected representatives of the people,” the bench asked.

“People will say why do we need judges, we will decide justice on the streets. We find somebody is a pickpocket and according to us this person should be killed...we do not want that to happen. Therefore, every democratic society has judges who decide in an institutional way,” the bench said.

Kundra claimed that the Constitution is under danger.

"MPs/MLAs have their own life at their home and they are with their families, do we put some chips on their shoulders to monitor them 24/7," the bench asked.

After hearing petitioner’s submissions, the bench dismissed the petition with caution, albeit without imposing costs on the petitioner .