Dem Privileges!
- source: CoI, Parl convention, laws, rules of LS/RS, judicial interpretation
CoI Provisions
- 105: Freedom of speech in parliament - incl vote
- 122: validity of proceedings in Parl not called in court on ground of irregularity of procedure
- 194: FoS in SL
- 212: validity blahblah SL
Classification
- Individual: rights & immunities - Parl/SL members - do duty w/o prosecution
- Collective: enjoyed by house as a whole
Individual
- no arrest during parl 40 days
- FoS in Parl, no court proceeding
- exempt from Jury service when parl in session
Collective
- publish report, debates, proceedings
- exclude strangers from proceedings
- make rules to regulate own procedure
- punish members & outsiders for breach of privileges
- courts prohibited inquiring into proceedings of house
- no arrest w/o perms of PO
Significance
- independence & integrity of legislative body
- lawmakers speak / act freely
- carry out duties & responsibility w/o fear of intimidation or interference
- obtain & share info crucial to decision making process
- checks & balances
Challenges
- large scope shield from accountability & scrutiny
- conflict w/ equality before law
- misuse of privilege eg. inflammatory / offensive comments
- lack of transparency in claiming / enforcing privileges
- inadequate oversight
Judiciary speaks
- no immunity for vandalism / criminal acts even if in parl
- K Anandan 1951: SC MP can’t claim higher status than ordinary citizen; can be arrested, detained, questioned even during session
- K Ajith Case 2021: privileges and immunities are not gateways to claim exemptions from a case
How to best use privileges
- responsible use; no political gain
- respect rights of others, don’t infringe, harass, intimidate
- transparency in operation
- follow parliamentary procedures
- written audit trail for scrutiny
Codification
Why not codified yet?
- historical precedent - british parliament sovereignty
- absence of rules protects parl from judiciary’s intervention
- broad nature difficulty in codifying
- curbing dissent
- privileges are used in favour of maj govt, so no incentive to codify
- eg. JMM Bribery Case 1993-98
What should be done?
- set up parl privileges committee to review
- scholars argue that codification & clarification necessary
- safeguard public interest
- training & sensitization of MP on privileges
- intl best practices - Aus, NZ
Other countries
- Australia: codified, subject to review by court
- New Zealand: codified