THE POWER OF PARLIAMENTARY PRIVILEGES IN INDIA

 

Parliamentary privileges in India refers to the immunity and privileges extended to Members of Parliament (MPs) and members of legislative assembly (MLAs) for their actions in the performance of their duties as representatives of the people . These privileges are meant to to ensure that MPs and MLAs can carry out their duties freely, with out fear of legal action or other interference.

The Constitution of India , under article 105 and and article 194 provides for certain privileges to MPs and MLAs respectively . These privileges include freedom of speech in parliament or the legislative assembly , exemption from arrest during the session of parliament or the legislative assembly and immunity from civil and criminal proceedings for statements made in the course of their duties.

A privilege motion is a parliamentary procedure used to bring to the attention of the House any breach of privilege its members. This can include , for example, interference with the duties of MPs or MLAs, or unauthorized disclosure of parliamentary proceedings.

Despite these privileges there have been challenges to their implementation and enforcement . For instance , some argue that the privileges may be abused by MPs and MLAs to protect themselves from legal action, while others claim that they may undermine the rule of law and the rights of citizens.

To address this challenges , there is a need to strike a balance ensuring the free and effective performance of the duties of MPs and MLAs and protecting the rights and interests of citizens . This can be done through greater transparency in the process of granting and enforcing privileges , as well as through regular review and amendment of the relevant provisions in the constitution .

In conclusion parliamentary privileges paly a crucial role in ensuring the independence and effectiveness of the legislative branch of the government , but it is important to ensure that they are used in a manner that serves the public interest and protects the rights of citizens.