What is the meaning of privileges to MPs and MLAs?
MPs have the privilege under Article 105 (2) and MLAs have the privilege under Article 194 (2) that no proceedings can be initiated against them in any court for speaking and voting in the House. A Constitution bench of five judges had given the decision by majority in 1998. In that order, it was said that MPs and MLAs are exempted from criminal prosecution for bribery for speech and vote inside the house under Article 105(2) and Article 194(2) of the Constitution.
Chief Justice of india D.Y. The seven-member Constitution bench led by Chandrachud overruled the 1998 decision with a majority vote. In the seven-member bench, CJI D.Y. Along with Chandrachud, Justice PS Narasimha, Justice jb Pardiwala, Justice Sanjay Kumar, Justice AS Bopanna, Justice manoj mishra and Justice MM Sundaresh were also included.
Purity and credibility of the parliamentary system
In the last few years, among all the orders that have come from the supreme court regarding the interpretation of the Constitution and the parliamentary system as well as the protection of civil rights, this can be said to be the most important. The matter is related to the privileges of MPs or MLAs. This also has a direct relation with the purity and credibility of the parliamentary system of the country. Along with this, in the parliamentary system, the mp or mla is a link between the legislature and the voters, which ensures the participation of the citizens of the country in the political and government system built under the democratic system. In this sense, whatever the mp or mla does in the house, he does it as a representative of the citizen. Be it giving a speech or voting... being public representatives, the behavior of MPs or MLAs in the house is directly related to the citizens. This is also the basis and basic ideal of the Constitution and constitutionalism.