GS paper 2
Syllabus: Parliament- Structure, functioning and conduct of business, privileges to MPs etc
Directions: UPSC may ask about constitutional privileges to MPs during session of parliament etc
Context:
- Rajya Sabha Chairman clarified in the House that “MPs do not enjoy any immunity from being arrested in a criminal case during the Session or otherwise”.
- In criminal matters, Members of Parliament (MPs) are “not on a different footing than a common citizen”.
- Chairman’s observation came a day after Congress leader of house Mallikarjun Kharge raised the issue in the House that he was summoned by the Enforcement Directorate when the session was on.
Key Highlights:
- Article 105: Under Article 105 of the Constitution, Members of Parliament enjoy certain privileges so that they can perform their parliamentary duties without let or hindrance.
- One of the privileges is that a member of Parliament cannot be arrested in a civil case, 40 days before the commencement of the Session or Committee meeting and 40 days thereafter.
- This privilege is already incorporated under section 135A of the Civil Procedure Code, 1908.
Key Ruling on privileges:
- Dr Zakir Hussain case(1966): In 1966 by Dr Zakir Hussain it mentioned that “Members of Parliament do enjoy certain privileges so that they can perform their duties”.
- K Anandan Nambiar and another: The Supreme Court of India held that the true Constitutional position is that so far as a valid order of detention is concerned, a Member of Parliament can claim no special status higher than that of an ordinary citizen and is as much liable to be arrested, detained or questioned even during the Session.
- State of Kerala Vs K. Ajith and Others: The Supreme Court in a recent case, State of Kerala Vs K. Ajith and Others, observed that “privileges and immunities are not gateways to claim exemptions from the general law of the land, particularly as in this case, the criminal law which governs the action of every citizen.
Insta Links:
Practice Questions:
Q. Individual parliamentarian’s role as the national law maker is on a decline, which in turn, has adversely impacted the quality of debates and their outcome. Discuss. (UPSC 2019)
With reference to Parliamentary privileges, consider the following statements:
- The Constitution extends the parliamentary privileges to those persons who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees.
- The parliamentary privileges do not extend to the President.
Which of the statements given above is/are correct?
a. 1 only
b. 2 only
c. Both 1 and 2
d. Neither 1 nor 2
Ans: (a)
Justification:
- The Constitution extends the parliamentary privileges to those persons who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees. These include the Attorney General of India.
- The parliamentary privileges do not extend to the President who is also an integral part of the Parliament. Article 361 of the Constitution provides for privileges for the President.
