What are the powers, privileges and immunities of Houses of Parliament in India? Do they have the power to expel any of their members for breach of privileges? If so, are such expulsions subject to judicial review ? Discuss.
The powers, privileges, and immunities of the Houses of Parliament and their members are crucial for their effective functioning, as enshrined in Article 105 of the Constitution. Primarily, they include freedom of speech in Parliament, immunity from legal proceedings for anything said or any vote given therein, and immunity from arrest in civil cases during a session and 40 days before and after. Collectively, the Houses possess the power to regulate their own procedure, punish for contempt (including members and outsiders), publish their debates, and exclude strangers. These privileges are largely derived from those of the British House of Commons at the commencement of the Constitution.
Yes, both Houses of Parliament have the inherent power to expel any of their members for breach of privilege or contempt of the House. This power is seen as essential for maintaining the dignity, discipline, and proper functioning of the legislative body. A notable instance is the "Cash for Query" scam, where several Lok Sabha members were expelled.
The question of whether such expulsions are subject to judicial review has been a contentious one. While Parliament claims exclusive jurisdiction over its internal proceedings and privileges, the judiciary, particularly the Supreme Court, has asserted its power of judicial review in cases of manifest illegality, unconstitutionality, or grave procedural impropriety. In Raja Ram Pal v. Lok Sabha (2007), concerning the "Cash for Query" expulsions, the Supreme Court unequivocally held that decisions concerning parliamentary privileges, including expulsion, are subject to judicial review. The Court clarified that while it respects parliamentary autonomy, fundamental rights and constitutional provisions cannot be violated under the guise of privilege. Judicial review, in such cases, is limited to examining whether the procedure adopted was fair and consistent with constitutional mandates, and not to question the wisdom or correctness of the decision on merits. This ruling underscores that parliamentary privileges are not absolute and must operate within the confines of the Constitution.
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