The Hindu : Kerala / Kochi News : ‘Politicians shun codification of MPs’ privileges’

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Tuesday, Aug 26, 2008
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‘Politicians shun codification of MPs’ privileges’

K.P.M. Basheer

Photo: Thulasi Kakkat

Parliament matters: Lok Sabha secretary-general P.D.T. Achary (centre) at a metting in Kochi on Monday. –

KOCHI: Lok Sabha secretary-general P.D.T. Achary has said that as long as the Supreme Court’s verdict in the Jharkhand Mukti Morcha case stands, an MP cannot be prosecuted for giving a vote in Parliament after taking a bribe.

The court had accepted the JMM MPs’ contention that they enjoyed constitutional immunity from prosecution on an issue relating to voting in Parliament, he told The Hindu on Monday.

Mr. Achary, quoting Article 105(2), pointed out that the Constitution protects two main privileges of MPs: the right to speak in Parliament and the right to give a vote. (Article 105 (2) says: “No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament, or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper votes or proceedings.”)

Referring to the recent cash-for-vote scam, where it was alleged that money was offered to certain MPs to vote in favour of the Manmohan Singh government during a vote of confidence, Mr. Achary said the issue was before the House Privileges Committee.

A bag containing Rs.1 crore — which was allegedly given to the MPs as the first instalment of bribe for voting in favour of the government — had, on the Speaker’s directive, been put on his (Mr. Achary’s) office table. The bag was still under his custody and there was a 24-hour police security outside his office to guard the money.

Mr. Achary, who has served the Lok Sabha secretariat for 38 years in various capacities, observed that Indian politicians shunned the idea of codification of the privileges of parliamentarians.

“The political class as a whole is against codification of privileges,” he said. “They want the privileges to remain as nebulous as possible.” They were afraid that if the privileges were codified the courts would come into the picture and regulate the special rights they enjoyed as members of Parliament.

He pointed out that a House Privileges Committee had, as recently as March last, recommended that there was no need for codification. Since there was no code of parliamentarians’ special rights the citizens were not generally aware of them, Mr. Achary, who has authored the book Law of Privileges, said.

He, however, felt that some privileges were essential for MPs to enable them to function effectively. “Every time an MP speaks in Parliament and votes on a motion, he/she cannot look over his/her shoulders,” he said. But there should be a balance of MPs’ privileges and the fundamental rights of the citizen.

“An MP can abuse a citizen on the floor of the House and get away with it,” he said. “The citizen can do nothing about it as the MP has immunity against prosecution for saying anything in Parliament.” He also said that under the Indian Constitution, Parliament cannot enact a law that compromises the Fundamental Rights of the citizens.

He said that the fact that there were half a dozen MPs who were in jail right now for various offences was a reflection on the state of affairs of Indian politics.

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