Rajya Sabha Chairman said on August 5 that members have a wrong notion that they have a privilege from action by the investigating agencies while the session is on.
- The opposition parties have been protesting against the alleged misuse of Central agencies such as the Enforcement Directorate (ED), the Central Bureau of Investigation (CBI) and the Income Tax Department by the government to “frame” political rivals.
- Rajya Sabha Chairman clarified that there is a wrong notion among the members that they have a privilege from action by agencies while the session is on.
- He said he had examined all the precedents and under Article 105 of the Constitution, MPs enjoyed certain privileges so that they can perform their parliamentary duties without any 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.
- However, in criminal matters, MPs are not on a different footing than a common citizen. It means that an MP does not enjoy any immunity from being arrested in a criminal case during the session or otherwise.
- He recounted a ruling given in 1966 by Dr. Zakir Hussain that said, “Members of Parliament do enjoy certain privileges so that they can perform their duties. One such privilege is freedom from arrest when Parliament is in session. This privilege of freedom from arrest is limited only to civil cases and has not been allowed to interfere in the administration of criminal proceedings.”
What is Parliamentary privileges?
- The Lok Sabha (LS) Secretariat says that the term ‘privilege‘ means certain rights and immunities enjoyed by each House of Parliament and its committees collectively, and by the members of each House individually without which they cannot discharge their functions efficiently and effectively.
- The object of parliamentary privilege is to safeguard the freedom, the authority and the dignity of Parliament.
- They are enjoyed by individual members, because the House cannot perform its functions without unimpeded use of the services of its members,.
- They do not exempt the members from the obligations to the society which apply to other citizens. Privileges of Parliament do not place an MP on a footing different from that of an ordinary citizen in the matter of the application of laws, unless there are good and sufficient reasons in the interest of Parliament itself to do so.
- Parliamentary privilege involves the right of a member to speak freely in the House. It extends “immunity to a member from any proceedings in any court in respect of anything said or any vote given by her/him in Parliament” or on any of its committees.
- Further, such immunity also covers exemption from proceedings in any court “in respect of the publication by or under the authority of either House of Parliament of any report, paper”, etc.
- A House of Parliament is itself concerned, privilege means that courts are prohibited from inquiring into its proceedings.
- Importantly, privilege extends to “freedom from arrest of members in civil cases during the continuance of the session of the House and 40 days before its commencement and 40 days after its conclusion”.
- However, this freedom from arrest does not cover “preventive arrest or detention under statutory authority by executive order and in criminal cases”.
- The Chairman has a right to receive immediate information of the arrest, detention, conviction, imprisonment and release of a member on a criminal charge or for a criminal offence.
- If found guilty of breach of privilege or contempt of the House, a person can either be punished by imprisonment, or receive an admonition or reprimand.
- No law has so far been enacted by Parliament in pursuance of article 105(3) of the Constitution to define the powers, privileges and immunities available to each House and its Members and the Committees thereof.
