TAG: GS 2: POLITY
THE CONTEXT: The Supreme Court, in a landmark decision on March 4, highlighted the pivotal role of elected legislators in a democratic polity.
EXPLANATION:
- The Constitution Bench emphasized that the representative character of Parliament and State legislatures could be compromised if Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) faced harassment or intimidation while performing their duties.
- Chief Justice of India, speaking for the seven-judge Bench, underscored the essential link between deliberative democracy and the freedom of elected legislators to express their views on the floor of the House.
- The ability of legislators to discuss and debate matters without fear of coercion or intimidation was deemed a fundamental aspect of a parliamentary form of government.
Overruling Previous Judgment on Legislative Immunity:
- The judgment overruled a significant 1998 decision in the JMM bribery case that granted legislators immunity from prosecution in case of bribery.
- The current Bench clarified that parliamentary privilege and immunity would only be invoked if legislators faced threats of prosecution for their official actions or speeches given in the House, aimed at enhancing the dignity and authority of the legislature.
Limited Scope of Legislative Privilege:
- The Bench delineated the boundaries of legislative privilege, specifying that it would only extend as far as necessary for the effective functioning of the House.
- The court emphasized that these privileges were not a blanket immunity from criminal law but were essential to enable legislators to fulfill their duties without fear of legal repercussions.
Freedom of Speech: A Crucial Legislative Privilege:
- Chief Justice emphasized the paramount importance of freedom of speech in the functioning of legislative institutions.
- The ability of MPs and MLAs to express their opinions in Parliament and its committees was deemed a “necessary privilege” crucial for the effective discharge of their duties.
- The court recognized this freedom as core to the democratic legislative process.
Extension of Speech to Voting Rights:
- The court further extended its protection of freedom of speech to the act of voting by legislators.
- It asserted that a member of Parliament’s vote was an extension of their speech, emphasizing the interconnectedness of various legislative activities in safeguarding democratic values.
Constitutional Safeguards for Legislative Independence:
- The judgment positioned the freedom of elected representatives as a constitutionally secured right, essential for preserving the democratic essence of the legislative process.
- It underscored that the privilege and immunity granted to legislators were not absolute but contingent on the protection of their ability to function independently and express their views without undue influence.
Upholding Democratic Values:
- The Supreme Court’s decision reinforces the democratic principles embedded in the Indian Constitution.
- By safeguarding the freedom of elected legislators to speak without fear, the judiciary reaffirms the importance of preserving the representative character of Parliament and State legislatures in the country’s democratic fabric.
- The ruling acts as a robust defense against potential infringements on legislative independence and ensures that elected representatives can fulfill their duties without hindrance.
Parliamentary Privileges:
- Parliamentary privileges are the rights and immunities enjoyed by members of Parliament (MPs) in India to enable them to discharge their duties and functions without interference or intimidation.
- These privileges are derived from the Constitution of India, parliamentary conventions, laws made by the Parliament, rules of Lok sabha and Rajya sabha, and judicial interpretations.
- The privileges are claimed only when the person is a member of the house. As soon as he ends to be a member, the privileges are said to be called off.
- These privileges are essential so that the proceedings and functions can be made in a disciplined and undisturbed manner.
- In India, the privileges of members of Parliament are specified in the Constitution, the Rules of Procedure and Conduct of Business in Lok Sabha, and the Rules of Procedure and Conduct of Business in Rajya Sabha.
Constitutional provisions related to parliamentary privileges:
- According to the Constitution of India, Articles 105 and 122 outline the privileges of Parliament, while Articles 194 and 212 pertain to the privileges of state governments.
- Article 105: There shall be freedom of speech in Parliament. 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.
- Article 122: The validity of any proceedings in Parliament shall not be called in question in court on the ground of any alleged irregularity of procedure.
- Article 194: There shall be freedom of speech in the State Legislature. No member of the State Legislature shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the State Legislature or any committee thereof.
- Article 212: The validity of any proceedings in the State Legislature shall not be called in question in court on the ground of any alleged irregularity of procedure.