Parliamentary privilege , a comparative study

Duration – 1 Days
Date – 15 Jul 2012
End Date – 15 Jul 2012
Venue -NEW DELHI

In India, as in England, members of Parliament are central to the functioning of legislatures. As representatives of the people and the law-making body of the land, they are expected to act with discipline, decorum and dignity. Recent sting operations have uncovered corrupt practices involving members of Parliament which raise questions about Parliamentary functioning. Although these allegedly erring members have been expelled, several hitherto unexplored questions have been thrown open.

Though there have been many instances of expulsion of members, there are only too few cases in the constitutional history of India when members have been expelled for the kind of misdemeanour that has allegedly taken place recently. After the expulsion of Shri H.G. Mudgal in 1951, who was accused of abusing his position in the Parliament and receiving gratification from the bullion market in Bombay, there have been a few other expulsions. some of those instances are discussed below.

Mr. Subramaniam Swamy, a member of the Rajya Sabha (the House of States) was expelled in 1976 because he made anti-emergency speeches and referred to the Indian Parliament as a captive-house. After the imposition of emergency, he had fled to another country and made these speeches. Post emergency, after the fall of the Congress government, Mrs. Indira Gandhi was expelled from the House for breach of privilege and contempt of house by causing intimidation, obstruction, harassment and institution of false cases.

Expulsion was always a weapon to satisfy hatred. It was used by political parties against their rivals. It has to be seen that though there have been expulsions in the Indian Parliament, the present breach of privilege signifies a grave misconduct. It was never contemplated that there would be such a time when, on such a large scale, members of Parliament would be found taking bribe and expulsion would have to be resorted to.




 
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