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Legislators Immunity From Prosecution

Moreover, this immunity also extends to certain non-members who have the privilege to speak in Parliament, such as the Attorney General of India or a Minister who is not a member. In cases where a memberu2019s speech goes beyond acceptable boundaries, the Speaker of the House is responsible for addressing the matter, rather than the court.

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Legislators Immunity From Prosecution

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  1. PLUTUS IAS

  2. Legislators Immunity From Prosecution GS2: Polity & Governance

  3. Provisions Related to Immunity and Privileges of Legislators: • Constitutional Basis: Article 105 of the Constitution outlines powers, privileges, etc., for Parliament members and committees. • Article 105(2): Grants MPs immunity from legal proceedings for their statements and votes in Parliament or its committees and protects the publication of authorized reports, papers, votes, or proceedings. • Extended Immunity: Non-members like the Attorney General and Ministers speaking in Parliament also enjoy this immunity. • State-Level Immunity: Article 194(2) extends the same immunity to MLAs in state legislatures.

  4. Current Supreme Court Case: • Accusation Against SitaSoren: Accused of accepting a bribe during the 2012 RajyaSabha elections. • Soren sought immunity under Article 194(2) but was rejected by the Jharkhand High Court. She is now appealing to the Supreme Court.

  5. Significance of Privileges: • Protecting Independence: Ensures lawmakers can perform their duties without external interference. • Immunity from Arrest: Allows them to work without fear of legal action. • Freedom of Speech: Enables open and critical discussions without legal repercussions. • Privilege of Confidentiality: Facilitates access to sensitive information for informed decision-making. • Privilege of Access: Grants access to critical resources for effective legislative functions. • Checks and Balances: Essential for maintaining democratic institution integrity and efficiency.

  6. Challenges and Issues Related to Privileges: • Scope and Boundaries: Defining the limits of privileges is challenging while balancing accountability. • Conflict with Constitutional Principles: Privileges can appear to conflict with principles like equality before the law. • Misuse: Instances of misuse have occurred, including inflammatory statements. • Lack of Transparency: The process lacks transparency, hindering accountability efforts. • Inadequate Oversight: Insufficient mechanisms for monitoring and enforcing privileges exist.

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