No privilege to MPs from criminal proceedings during session:Rajya Sabha Chairman

Source: The post is based on the article “No privilege to MPs from criminal proceedings during session:Rajya Sabha Chairman” published in The Hindu on 6th August 2022.

What is the News?

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.

What are 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.

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.

State of Kerala Vs K. Ajith and Others: In this case, the Supreme Court observed that privileges and immunities are not gateways to claim exemptions from the general law of the land, particularly in the case of criminal law which governs the action of every citizen.