Parliamentary privileges are the unique rights, immunities, and exemptions granted to members of Parliament. Defined in Article 105 of the Indian Constitution, these special provisions ensure that elected officials can perform their duties without obstruction or interference. However, it’s critical to understand that these privileges only shield members from civil liability, not criminal actions. Furthermore, these privileges cease to exist as soon as a member’s tenure ends.
Parliamentary privileges are derived from five primary sources – constitutional provisions, various laws enacted by Parliament, rules of both houses, Parliamentary conventions, and judicial interpretations.
Highlights of Key Privileges
One of the most notable privileges is freedom of speech within the Parliament. Enshrined under Article 105(1) of the Indian constitution, this privilege diverges from the freedom of speech offered to ordinary citizens under Article 19(2). However, these liberties come with limitations. For instance, discussions regarding the conduct of judges from the Supreme Court and the High Court are prohibited under Article 121 of the Constitution.
Another pivotal privilege involves freedom from arrest. MPs cannot be arrested in any civil case 40 days before and after the adjournment of the house. Moreover, no MP can be apprehended within the Parliament premises without obtaining express permission. In case of any detention, the speaker or chairman must be promptly informed about the reasons.
Yet, an MP can still be arrested outside the Parliament premises under criminal charges, framed under acts such as the Preventive Detention Act, the Essential Services Maintenance Act (ESMA), the National Security Act (NSA), among others.
Additional Privileges
Members also possess the right to control the publication of proceedings. As per Article 105(2) of the Constitution, individuals cannot be held liable for publishing any reports or discussions of the house. An additional privilege empowers members to exclude non-members from proceedings, ensuring a free and fair discussion environment within the house.
Views of the Vice President and Supreme Court
The Vice President recently emphasized that the privileges under Article 105 of the Constitution allow MPs to carry out their duties without hindrance. These include immunity from arrests in civil cases 40 days before and after the commencement of Parliament sessions or committee meetings. This is also formalized under Section 135A of the Civil Procedure Code, 1908. However, MPs do not possess any immunity from arrest in criminal cases.
Concurring with this, the Supreme Court, in its State of Kerala Vs. K. Ajith and Others (2021) case, observed that privileges and immunities should not be seen as gateways to claim exemptions from the general law of the land, especially criminal law.
Future Implications and Responsibilities
While it’s essential for MPs to use these privileges for the smooth functioning of parliament, they must always be exercised in accordance with fundamental rights. Any misuse could lead to the erosion of democratic principles and the protection of citizens’ rights. Therefore, Parliament has a responsibility to ensure these privileges are used wisely and do not infringe upon any constitutional rights.
