Two bills introduced in Lok Sabha; Naidu says no immunity to MPs from arrest in criminal cases during session
Aug 05, 2022
New Delhi [India], August 5 : Two bills were introduced in the Lok Sabha including a legislation to broaden the scope of anti-competitive agreements and to introduce Settlement and Commitment framework to reduce litigations.
Opposition members forced adjournments in both houses of Parliament over issues such as price rise and unemployment.
Rajya Sabha Chairman M Venkaiah Naidu on Friday clarified in the House that "MPs do not enjoy any immunity from being arrested in a criminal case during the Session or otherwise".
Competition (Amendment) Bill, 2022 and the New Delhi International Arbitration Centre (Amendment) Bill, 2022 were introduced in Lok Sabha.
it provides for changes in certain definitions like "enterprise", "relevant product market", "Group", "Control", etc., to provide clarity.
It also provides for the appointment of the Director General by the Commission with the prior approval of the Central Government and the introduction of the Settlement and Commitment framework to reduce litigations.
International Arbitration Centre (Amendment) Bill, 2022 seeks to rename New Delhi International Arbitration Centre. The bill provides for changing the name of the Centre from New Delhi International Arbitration Centre to India International Arbitration Centre.
The Lok Sabha also took up discussion on Energy Conservation (Amendment) Bill, 2022.
Congress MPs were wearing black as part of their nationwide protest against inflation and unemployment.
Congress leaders were also seen wearing garlands of vegetables in the Parliament premises to mark their protests against the Central government over inflation.
In Rajya Sabha, Naidu said in criminal matters, Members of Parliament (MPs) are "not on a different footing than a common citizen".
"It means that a Member of Parliament does not enjoy any immunity from being arrested in a criminal case during the Session or otherwise," Naidu observed.
Naidu's observation came a day after Congress leader of house Mallikarjun Kharge raised the issue in the House that he was summoned by the Enforcement Directorate when the session is on.
Going by what has happened in the last few days, Naidu said, "I want to clarify one thing that "there is a wrong notion among the members that they have a privilege from action by agencies while the session is on".
"I have given it a serious thought. I examined all the precedents and I remember my own ruling given earlier.
"Under Article 105 of the Constitution, Members of Parliament enjoy certain privileges so that they can perform their parliamentary duties without let or hindrance. One of the privileges is that a member of Parliament cannot be arrested in a civil case, 40 days before the commencement of the Session or Committee meeting and 40 days thereafter," said the Chairman.
This privilege is already incorporated under section 135A of the Civil Procedure Code, 1908, said Naidu
Noting that there have been a number of rulings by presiding officers, the Chairman drew the attention of the House to one ruling given in 1966 by Dr Zakir Hussain that mentions that "Members of Parliament do enjoy certain privileges so that they can perform their duties".
"One such privilege is freedom from arrest when the Parliament is in Session. This privilege of freedom from arrest is limited only to civil cases and has not been allowed to interfere in the administration of criminal proceedings," he said.
