The Supreme Court of India recently turned down an appeal made by the ruling government of Kerala to terminate criminal cases against its Members of Legislative Assembly (MLAs). These cases were related to public property damage and interference with a Budget speech delivered on the State Assembly floor in 2015.
Kerala Government’s Arguments
To defend its leaders, the Kerala Government relied on the notion of parliamentary privilege, stating that the incident happened within the Assembly hall. They insisted their MLAs were entitled to immunity from criminal persecution and that the Speaker’s prior sanction was required for the registration of a First Information Report (FIR) by the police.
Highlights of the Supreme Court Judgement
The court ruled that the assumption of parliamentary privileges does not provide immunity in this scenario. It emphasized that any act of vandalism or chaos by legislators cannot be protected under this privilege. The judgement draws sure distinction between lawmakers’ privileges crucial for carrying out public duties and acts of vandalism or destruction within the House. According to the court, such behaviour is not essential for executing legislative functions.
Furthermore, the Supreme Court stated that damaging property on the Assembly floor cannot be recognized as a legitimate protest right for Opposition legislators. Any member of an elected legislature cannot claim privilege or immunity to avoid sanctions under the criminal law – specifically the Prevention of Damage to Public Property Act, 1984, which applies equally to all citizens.
Upholding Public Trust
The judgement firmly reminded the legislators of their responsibility to preserve public trust, given they have taken an oath to uphold the Constitution and the sovereignty and integrity of India. They must fulfill their obligations to the citizens who voted them into office.
About Parliamentary Privilege
Parliamentary privileges are rights and immunities endowed upon members of Parliament, both individually and collectively, to facilitate the effective discharge of their duties. If these rights are violated, the offence is deemed a breach of privilege and is punishable by Parliament’s law.
These privileges are enshrined in the Constitution, with Article 105 for Parliament and Article 194 for State Assemblies granting freedom of speech in Parliament and right of publication of its proceedings respectively. Parliamentary privilege is governed by Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and Rule 187 in Chapter 16 of the Rajya Sabha rulebook.
Individualistic Privileges
Such parliamentary privileges include Freedom of Speech and Freedom from Arrest. The members of Parliament/state assembly cannot be admonished outside of the House’s confines, such as in a court of law, or discriminated against for expressing their views within the House and its Committees. However, this privilege does not extend to publishing the proceedings outside Parliament.
Additionally, no member can be arrested on a non-criminal charge 40 days before or after the adjournment of the House, nor during the session. Also, no arrest can be made within the Parliament premises without the concerned House’s permission.
Collective Privileges
Parliament or Assembly holds the right to publish debates and proceedings, to exclude strangers at any time, and conduct proceedings behind closed doors if required. This also includes the right to punish members and outsiders for contempt.