Vandalism On The Assembly Floor UPSC Perspective
Source : The Hindu
Indian Polity
What is discussed under Vandalism On The Assembly Floor UPSC Perspective ?
- Highlights
- Parliamentary Privilege
Why in News ?
Supreme Court held that legislators who indulge in vandalism and general mayhem cannot claim parliamentary privilege and immunity from criminal prosecution.
- SC dismissing appeals by Kerala government and ruling Left Democratic Front (LDF) to withdraw a criminal case against their leaders who destroyed public property and disrupted a Budget speech on the State Assembly floor in 2015.
- The MLAs are facing charges of criminal trespass, mischief and destruction of public property.
Key Facts
- According to SC Parliamentary privileges and immunities are not gateways for legislators to claim exception from the law of the land, especially criminal law.
Image by Anna Varsányi from Pixabay - Highlights
- It could not be equated with the right to protest by Opposition legislators.
- Destruction of public property could not be equated with the exercise of freedom of speech.
- Legislators should act within the parameters of the public trust imposed on them to do their duty.
- They had taken office swearing true allegiance to the Constitution.
- They had to uphold the sovereignty and integrity of India and had to perform the duty imposed on them by the people who elected them.
- Parliamentary Privilege
- MLAs only have parliamentary privileges and immunities essential for doing their duty.
- MLAs do not stand above the general application of law.
- Article 105 for Parliament and Article 194 for State Assemblies under Indian constitution mentions two privileges
- Freedom of speech in Parliament.
- Right of publication of its proceedings.
- Powers and functions of the Members of the Legislative Assembly are
- Legislative Powers
- Financial Powers
- Executive Powers
- Electorate Powers
- Constituent or Miscellaneous Powers
- Privileges individually enjoyed by the members are:
- Freedom of speech in parliament
- Freedom from Arrest : Article 361 of the Constitution of India, the members enjoy freedom from arrest in any civil case 40 days before and after the adjournment of the house and also when the house is in session.
- Freedom from appearing as a witness.
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