It is no doubt true that the existing law relating to parliamentary privileges in India is essentially of English origin. But the concept of parliamentary privileges was not unknown to ancient India.
Prititosh Roy in his work ‘Parliamentary Privilege in India’ (1991) states that even during Vedic times, there were two assemblies; Sabha and Samiti which were keeping check on all actions of the King. Reference of Sabha and Samiti is found in all Vedas.
In Buddhist India, we find developed parliamentary system. Members were not allowed to disobey directions of Assemblies. Offenders were answerable to Assemblies and after affording an opportunity to them, appropriate actions used to be taken against erring officers. It has thus ‘rudimentary features’ of parliamentary privilege of today.
In 1600, East India Company came to India primarily as ‘trader’. The British Parliament effectively intervened into the affairs of the Company by passing the East India Company Act, 1773 (popularly known as ‘the Regulating Act, 1773’), which was followed by the Act of 1784. The roots of modern Parliamentary system were laid in various Charter Acts of 1833, 1853, 1854, 1861, 1892, 1909, etc. During 1915-50, there was remarkable growth and development of Parliamentary privileges in India. For the first time, a limited right of freedom of speech was conferred on the Members of Legislature by the Government of India Act, 1919 (Section 67).
By the Legislative Members Exemption Act, 1925, two parliamentary privileges were allowed to Members;
(i) exemption from jury service; and (ii) freedom from arrest.
The Government of India Act, 1935 extended the privileges conferred and immunities granted. The Indian Independence Act, 1947 accorded sovereign legislative power on the Indian Dominion.
Constitutional Provisions
The Constitution of India came into force from January 26, 1950. Part V contains the relevant provisions relating to the Union. Whereas Chapters I and IV deal with the Executive and Judiciary; Chapters II and III relate to Parliament. Articles 79 to 88 provide for constitution, composition, duration, etc. of both the Houses and qualification of members, Articles 89 to 98 make provisions for election of Speaker, Deputy Speaker, Chairman, Deputy Chairman and their salaries and allowances.
Article 101 deals with vacation of seats and Article 102 specifies circumstances in which a person is held disqualified to be chosen as or continued to be a Member of Parliament. Article 103 attaches finality to such decisions.
Articles 107-22 contain provisions as to legislative procedure. Article 118 enables both the Houses of Parliament to make Rules for regulating procedure and conduct of business. Article 121 puts restriction on discussion in Parliament in respect of conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties. Article 122 prohibits courts from inquiring into or questioning the validity of any proceedings in Parliament on the ground of irregularity of procedure.
It reads thus; 122. Courts not to inquire into proceedings of Parliament. –
(1) The validity of any proceedings in Parliament shall not be called in question on the ground of any alleged irregularity of procedure.
(2) No officer or member of Parliament in whom powers are vested by or under this Constitution for regulating procedure or the conduct of business, or for maintaining order, in Parliament shall be subject to the jurisdiction of any court in respect of the exercise by him of those powers.
Expulsion Of Members by Parliament
There are certain instances wherein Indian Parliament has exercised the power of expulsion of its members. The first case which came up for consideration before Parliament was of Mr. H.G. Mudgal, a Member of Lok Sabha. He suppressed certain material facts as to his relationship with the Bombay Bullion Association. A Committee of Enquiry found the charges proved and came to the conclusion that the conduct of the Hon’ble Member was ‘derogatory of the dignity of the House inconsistent with the standard which Parliament is entitled to expect from its members’. While addressing the House, the then Prime Minister Pandit Jawaharlal Nehru referred to the work of Sir Erkskine May, Article 105(3) of the Constitution and practice in the British House;
“Apart from that, even if the Constitution had made no reference to this, this House as a sovereign Parliament must have inherently the right to deal with its own problems as it chooses and I cannot imagine anybody doubting that fact”.
Regarding approach of House in such cases, he said;
“Indeed, I do not think it is normally possible for this House in a sense to convert itself into a court and consider in detail the evidence in the case and then come to a decision. Of course: the House is entitled to do so: but it is normally not done: nor is it considered, the proper procedure”.
He then stated; “The question arises whether in the present case this should be done or something else. I do submit that it is perfectly clear that this case is not even a case which might be called a marginal case, where people may have two opinions about it, where one may have doubts if a certain course suggested is much too severe.
The case, if I may say so, is as bad as it could well be. If we consider even such a case as a marginal case or as one where perhaps a certain amount of laxity might be shown, I think it will be unfortunate from a variety of points of view, more especially because, this being the first case of its kind coming up before the House, if the House does not express its will in such matters in clear, unambiguous and forceful terms, then doubts may very well arise in the public mind as to whether the House is very definite about such matters or not.
Therefore, I do submit that it has become a duty for us and an obligation to be clear, precise and definite. The facts are clear and precise and the decision should also be clear and precise and unambiguous. And I submit the decision of the House should be, after accepting the finding of this report, to resolve that the Member should be expelled from the House”.
A motion was then moved to expel Mr. Mudgal which was accepted by the House and Mr. Mudgal was expelled.
Likewise, power of expulsion was exercised by Parliament against Mr. Subramanyam Swami (Rajya Sabha) and Mrs. Indira Gandhi (Lok Sabha). The power was also exercised in case of expulsion from Legislative Assemblies of various States.
Kaul and Shakhder in their book ‘Practice and Procedure of Parliament’, (5th Edn., p.262), stated; Punishment of Members: In the case of its own members, two other punishments are also available to the House by which it can express its displeasure more strongly than by admonition or reprimand, namely, suspension from the service of the House and expulsion.
Reference
Raja Ram Pal v. Speaker Lok Sabha (2007)