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Polity & Governance
Mahesh

07/08/22 22:02 PM IST

No immunity from arrest in criminal cases for MPs during session

In News 
  • Rajya Sabha Chairman M Venkaiah Naidu said in the Upper House  that MPs did not have immunity from being arrested in criminal cases — when the House is in session or otherwise.
  • He said MPs could not avoid summons from law enforcement agencies.
Privileges 
  • Article 105: Under Article 105 of the Constitution, Members of Parliament enjoy certain privileges so that they can perform their parliamentary duties without let or hindrance.
  • 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.
Major Judgements 
  • In 1966 by Dr Zakir Hussain it mentioned that “Members of Parliament do enjoy certain privileges so that they can perform their duties”.
  • K Anandan Nambiar and another: The Supreme Court of India 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: The Supreme Court in a recent case, State of Kerala Vs K. Ajith and Others, observed that “privileges and immunities are not gateways to claim exemptions from the general law of the land, particularly as in this case, the criminal law which governs the action of every citizen.
Source- Indian Express 

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