Understand what is the real purpose of privilege?

Sekar Chandra

Usually whatever the MPs of jharkhand Mukti Morcha did in the case of PV narasimha Rao government was completely unethical, unconstitutional and a crime. When it is a crime for a citizen to take or give bribe, then it is natural that it would also be a crime for MPs or MLAs.

Meanwhile under the fundamental rights, Article 14 also guarantees equality before the law for every citizen of the country. Whatever happened in the P.V. narasimha Rao government case and the subsequent decision of the supreme court in 1998, does not in any way ensure equality under Article 14 in cases of criminal offences. No matter who commits the crime, it is a crime. It cannot be that taking bribe will be a crime for common people, but it will not be considered a crime for MPs and MLAs in the name of privilege.

Privilege does not mean that one is allowed to take bribe for speaking and voting inside the House. The provision of privilege in the Constitution was made by the Constitution makers so that no court hurdles arise in front of the MPs or MLAs in raising the problems of the common people of their respective areas. There should be no fear of court action in the minds of MPs and MLAs while presenting the views of citizens in the House. Privilege has been kept in Articles 105 and 194 of the Constitution so that a fair environment can be created for debate and discussion within the House. Even if an mp or mla does this by taking bribe, the real purpose of the privilege is defeated.

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