MP/ MLA Privileges

 

MP/ MLA Case

1. Immunities and Privileges
1. Protest by MLA protected by immunities and privileges under A194(3) of Constitution of India
1. Privileges u/s A194 cannot be used to cover for violent actions of members in the precincts of LA
2. Lokayukta Justice Ripusuan Dayal Vs State of MP 2014 4 SCC 473
1. Privileges can only be provided to the extent required so as to allow the members to perform the function without hindrance.
2. Privilege cannot be used as shield to circumvent the application of criminal law since NO person enjoys privilege against criminal Prosecution. 
2. Breach of Privilege - Breach of Privilege is a contempt of the House, which falls under the exclusive jurisdiction of the Speaker of the Assembly.
1. There is NO PROVISION under Constitution or Rules of Procedure and Conduct of Business in persuant of A208(1) that mandate police to seek permission or sanction of speaker before registering a crime against a MLA.
3. Public Interest : Freedom of MLA are necessary for the functioning of democracy and are subject to the power of Speaker or the criminal court with the sanction of the speaker
4. Absence of Mens Rea : 
5. Lack of Evidence
1. Such arguments regarding inadequacy of evidence for successful conviction must be raised accused while seeking discharge
1. Sheonandan Paswan Vs State of Bihar (1987) 1 SCC 288
6. Case Law
1. P.V Narasimha Rao Vs State ( CBI/SPE) Etc AIR 1998 SC 2120
1. Immunity can be claimed by MLA's ONLY in exercise of free speech and voting