No privilege to MPs from criminal proceedings during session: Naidu

No privilege to MPs from criminal proceedings during session: Naidu

Subject :Polity

Section: Parliament

Context:

• Rajya Sabha Chairman M. Venkaiah Naidu said on Friday, that members have a wrong notion that they have a privilege from action by investigating agencies, while the session is on.
• He said he has examined all the precedents and under Article 105 of the Constitution,Members of Parliament enjoy 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, 1908.
• However, in criminal matters, Members of Parliament are not on a different footing than a common citizen. It means that a Member of Parliament does not enjoy any immunity from being arrested in a criminal case, during the session or otherwise.
• There have been a number of rulings by Presiding Officers. For instance, a ruling given in 1966 by Dr. Zakir Hussain.
  • It was said, “Members of Parliament do enjoy certain privileges so that they can perform their duties. One such privilege is freedom from arrest when the 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.”
• Anandan Nambiar case, the Supreme Court held that the true constitutional position is that so far as the 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.
• 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.”

Article 105 : Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof

(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.

 (2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.

(3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined, shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978.

(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament.