LEGISLATORS IMMUNITY FROM PROSECUTION

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PLUTUS IAS
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Legislators Immunity From Prosecution

• GS2 Polity Governance

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Provisions Related to Immunity and Privileges of
Legislators

• Constitutional Basis Article 105 of the
  Constitution outlines powers, privileges, etc.,
  for Parliament members and committees.
• Article 105(2) Grants MPs immunity from legal
  proceedings for their statements and votes in
  Parliament or its committees and protects the
  publication of authorized reports, papers, votes,
  or proceedings.
• Extended Immunity Non-members like the Attorney
  General and Ministers speaking in Parliament also
  enjoy this immunity.
• State-Level Immunity Article 194(2) extends the
  same immunity to MLAs in state legislatures.

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Current Supreme Court Case

• Accusation Against Sita Soren Accused of
  accepting a bribe during the 2012 Rajya Sabha
  elections.
• Soren sought immunity under Article 194(2) but
  was rejected by the Jharkhand High Court. She is
  now appealing to the Supreme Court.

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Significance of Privileges

• Protecting Independence Ensures lawmakers can
  perform their duties without external
  interference.
• Immunity from Arrest Allows them to work without
  fear of legal action.
• Freedom of Speech Enables open and critical
  discussions without legal repercussions.
• Privilege of Confidentiality Facilitates access
  to sensitive information for informed
  decision-making.
• Privilege of Access Grants access to critical
  resources for effective legislative functions.
• Checks and Balances Essential for maintaining
  democratic institution integrity and efficiency.

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Challenges and Issues Related to Privileges

• Scope and Boundaries Defining the limits of
  privileges is challenging while balancing
  accountability.
• Conflict with Constitutional Principles
  Privileges can appear to conflict with principles
  like equality before the law.
• Misuse Instances of misuse have occurred,
  including inflammatory statements.
• Lack of Transparency The process lacks
  transparency, hindering accountability efforts.
• Inadequate Oversight Insufficient mechanisms for
  monitoring and enforcing privileges exist.

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