Constitutional Protections and Limitations on the Freedom of Speech for Members of Parliament
The article examines the freedom of speech granted to Members of Parliament (MPs) under Article 105 of the Constitution. While this privilege is essential for the smooth functioning of the legislature, it is subject to the rules of the House and specific constitutional restrictions, such as Article 121. Recent controversies regarding the 'expunging' of words by the Speaker have raised concerns about infringing on an MP's right to speak. The author argues that rules of procedure should not eclipse constitutional rights and that the power to expunge should be used sparingly to maintain the coherence and sanctity of parliamentary debates for posterity.
Key Points
- Article 105 guarantees freedom of speech in Parliament, protecting members from legal action regarding their statements in the House.
- Article 121 prohibits discussion on the conduct of Supreme Court or High Court judges except during a formal removal motion.
- The Speaker has the power under Rule 380 to expunge unparliamentary or defamatory words from the official record.
- Excessive expunction can make a member's speech incoherent and undermines the principle of executive accountability to the legislature.
Exam Facts
- Article 105 of the Indian Constitution deals with the powers, privileges, and immunities of MPs.
- Article 121 restricts discussion on the conduct of judges in Parliament.
- Rule 380 of the Rules of Procedure and Conduct of Business in Lok Sabha allows the Speaker to expunge remarks.
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