MPs and MLAs have Special Rights to Free Speech for a Valid Reason : Daily Current Affairs

Date: 06/12/2022

Relevance: GS-2: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.

Key Phrases: Offensive Statements Made By Public Functionaries, Parliamentary Privilege, Rise Of Hate Speeches By The Parliamentarians, Bribery Of Legislators, Constitutional Culture In The Public Conduct.

Why in News?

A Constitution bench in the Supreme Court has suggested for a new law in order to deal with offensive statements made by public functionaries such as MPs and MLAs.
The Supreme Court has stressed that a “constitutional culture prescribing a self-imposed restriction must be inculcated among politicians.

Key Highlights:

All Indian citizens enjoy free speech subject to reasonable restrictions under Article 19 of the Indian Constitution.
However, the speech of MPs and Members of Legislative Assemblies in Parliament and other legislative bodies is particularly protected under Articles 105 and 194 as a parliamentary privilege, subject only to provisions of the Constitution and standing orders of such a legislative body.
MPs cannot be punished “in connection with” any vote or speech made in Parliament.
Courts are also specifically barred from making inquiries into proceedings in Parliament.
This additional greater protection for legislators is a recognition of how important free speech of legislators has been, historically, and continues to be in our parliamentary democracy.

Parliamentary privileges and immunities under the Indian Constitution:

The powers, privileges and immunities of Parliament and its members and committees are laid down in Article 105 of the Constitution. Article 194 deals with the same in the case of state legislatures, their members and committees.
The elected representatives can claim these privileges only during the period for which the person is a member of the house.
The argument has been that privileges and immunities are necessary for exercising constitutional functions.

Relevance:

These sections protect the freedom of speech of parliamentarians and legislators, insulate them against litigation over matters that occur in these houses, and give powers to define the powers, privileges and immunities of a house, its members and committees

WHAT ARE THE PRIVILEGES AND IMMUNITIES ENJOYED BY AN MLA OR MP?

The privileges and immunities enjoyed by the MPs and MLAs include:
1. Freedom of speech in the house which means they cannot be prosecuted for saying or doing anything in the house i.e., the MPs and the MLAs are exempted from civil or criminal liability for any statement made or act done inside the house in the course of their duties.
2. They have the freedom from arrest 40 days prior or after a session of legislature or during the session or from the premises of the legislature without the permission of the house.
3. The legislature has the power to regulate its internal affairs — that covers the behaviour including disruptions, vandalism and violence — of the house. Police or courts cannot interfere. However, the members can be punished for the breach of privileges by the house itself. Punishment includes imprisonment, fine or suspension.

Need for freedom of speech to the parliamentarians and legislators:

Free speech of legislators protects the integrity of deliberations in Parliament, and is a shield against executive suppression of inconvenient voices.
The policing of legislative speeches will severely impact the ability of Parliament to check the Executive and will thus be a detriment to accountability.
Freedom of expression is generally regarded as the foundation of a liberal democracy.
Unfairly restraining legislators from making political speeches will strike a serious blow to this structure.

Concerns associated with the Parliamentary privileges:

Incidents of unparliamentary behaviour by public representatives have increased in recent years tarnishing the image of the democratic institutions.
There has been a continuous rise of hate speeches by the parliamentarians.
There are growing instances of bribery of legislators because of the particular phraseology of Article 105(2).

Is there a need for dilution of Parliamentary Privilege?

The above concerns do not justify a dilution of Parliamentary Privilege as they can be addressed based on existing law.
If hate speeches are found tantamount to incitement of any offence, whether it’s hate speech or treason, they are already punishable under Indian law if made outside the legislative house
In fact, if the MP or MLA has a speech printed in newspapers, s/he is open to the full sanction of the law, a position that has been undisputed.
To the extent that these speeches do not violate any law, there can be no justification for their suppression.
If the need arises, they can be replaced by the way of elections, or seeking their disciplining by political parties, or having them subject to standing orders in the House.

Way Forward:

Since, parliamentarians and legislators are public functionaries, there is an added responsibility on them to maintain the constitutional culture in the public conduct, in the public domain.
Even if free speech is applicable to public functionaries, subject to other constitutional limitations, nevertheless free speech has to be distinguished from hate speech. Hate speech made by a minister of the state or centre sometimes may not amount to offence, but some public check will have to be there even if it does not amount to an offence.

Conclusion:

Privileges which public representatives enjoy come with responsibilities of performing their duties as parliamentarians in an effective manner and without any hindrance.
The purpose of bestowing privileges and immunities to elected members of the legislature is to enable them to perform their functions without hindrance, fear or favour” and “they are not a mark of status which makes legislators stand on an unequal pedestal”
Any ecosystem that encourages irresponsible speech or turns a blind eye to corruption must be uprooted entirely.
The responsibility for this lies primarily upon the citizens and their political choices.
The credibility of legislatures is defined by the conduct and behaviour of their members. Therefore, MPs and MLAs are expected to observe the highest standards of discipline and decorum, both inside and outside the Houses.

Source: Live Mint

Mains Question:

Q. Parliamentarians and legislators are public functionaries, there is an added responsibility on them to maintain the constitutional culture in the public conduct, in the public domain. Discuss in context of the parliamentary privileges enjoyed by the MPs and MLAs? (150 words)