Explain the privileges and immunities of legislature under the Constitution of India. How far can the…

Question

Explain the privileges and immunities of legislature under the Constitution of India. How far can the judiciary interfere with such privileges and immunities?

Ghissu Editorial · Accepted Answer

Under Articles 105 and 194, legislators enjoy free speech and votes in the House and civil arrest immunity during sessions, and each House regulates its own proceedings, which courts cannot question on procedural grounds. Courts still intervene when fundamental rights are violated, and Sita Soren (2024) denied immunity for bribery.

**Introduction**

The Constitution⟦1⟧ grants legislative privileges to ensure effective lawmaking and protect legislative independence, but these privileges are not absolute and face judicial checks to uphold fundamental rights and constitutionalism.

**Privileges and Constitutional Provisions**

1. **Core Privileges**: Articles 105 and 194 provide freedom of speech in the House, immunity from civil arrest during sessions, and the right to regulate proceedings, preserving legislative dignity and autonomy.

2. **Judicial Interpretation**: The Supreme Court in Sita Soren (2024) overruled PV Narasimha Rao (1998) and held that privileges give no immunity for bribery, reinforcing that privileges are subject to constitutional limits and fundamental rights.

**Judicial Interference and Limits**

3. **Scope of Review**: Courts apply a two-fold test: privileges must be essential for legislative functions and not infringe fundamental rights; Article 122(1) bars questioning procedural validity but allows intervention if constitutional violations occur, as in Raja Ram Pal v. Hon’ble Speaker (2007).

4. **No Absolute Immunity**: Legislators cannot claim immunity from criminal prosecution, as affirmed in the Kerala MLAs case (2021); judicial review protects citizens’ rights against misuse of privileges and ensures accountability.

**Contemporary Issues and Way Forward**

5. **Criminal Cases Data**: ==43% of MPs in the 17th Lok Sabha have pending criminal cases, up from 34% in the 16th,== highlighting the urgency for reform to prevent abuse of privileges.

6. **Reform Proposals**: Parliament should codify privileges to enhance clarity and accountability, and establish an independent oversight mechanism similar to the UK’s Committee on Standards to balance legislative autonomy with judicial scrutiny.

**Conclusion**

Judicial oversight ensures legislative privileges support democracy without undermining fundamental rights or constitutional supremacy.

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