No Privilege to MPs from Criminal Proceedings during Session

Syllabus: General Studies Paper 2

Rajya Sabha Chairman has clarified that members of Parliament do not enjoy any immunity from arrest in criminal cases when the House is in session, and they cannot avoid summons issued by law enforcement agencies.

MP’s Privileges on Arrests

• Under Article 105 of the Constitution, members of Parliament enjoy certain privileges, so they can perform their duties without any hindrances.
• 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. That means members of Parliament do not enjoy any immunity from being arrested in a criminal case during the session or otherwise.

Issues

• Leader of Opposition in the Rajya Sabha has claimed he was “insulted” as he was summoned by the Enforcement Directorate during the working hours of Parliament.
• For this Chairman said, it was “a wrong notion” among members that they have privilege from action by agencies while Parliament is in session.
• He cited Article 105 of the Constitution, Section 135A of the Civil Procedure Code and Supreme Court Judgments.
• He stated that in criminal matters, MPs are not on a different footing than a common citizen. That means MPs do not enjoy any immunity from being arrested in a criminal case during the Session or otherwise.

Supreme Court Judgements on this Issue

• K Anandan Nambiar Case: In this, the Court 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.
• In July 2021, the SC rejected a plea by the Kerala government to withdraw criminal cases against its MLAs, who destroyed public property and disrupted a Budget speech in the Assembly in 2015.
• The state had claimed parliamentary privilege and immunity from criminal prosecution, arguing that the incident occurred inside the Assembly hall. They also said that prior sanction of the Speaker was necessary before the registration of an FIR by the police.
• But the SC held that legislators who indulge in vandalism and general mayhem cannot claim parliamentary privilege and immunity from criminal prosecution, and that this could not be called “essential legislative action”