Can MPs be arrested during Parliament session? Naidu said the law

M Venkaiah Naidu: The opposition has been alleging that central investigative agencies are being misused by the central government. Some MPs also said that these systems are being used to suppress the voices of MPs when Parliament is in session. Just two days back, Leader of Opposition Mallikarjun Kharge had said that the ED had […]
 


Can MPs be arrested during Parliament session?  Naidu said the law

M Venkaiah Naidu: The opposition has been alleging that central investigative agencies are being misused by the central government. Some MPs also said that these systems are being used to suppress the voices of MPs when Parliament is in session. Just two days back, Leader of Opposition Mallikarjun Kharge had said that the ED had called me to the office when Parliament was going on. Are these correct? Now Rajya Sabha Speaker M. Venkaiah Naidu has given this information regarding the privileges of MPs. He said that MPs do not have privileges in criminal matters. On Friday, he said in the Rajya Sabha that for the last few days, a misunderstanding has arisen regarding the privileges of MPs. They feel that investigative agencies cannot take action against MPs during the Parliament session.

Referring to Article 105 of the Constitution, M. Venkaiah Naidu said that MPs have been given the privilege to perform parliamentary duties. One of the privileges is that an MP cannot be arrested in any civil matter for 40 days before and 40 days after the commencement of a session of Parliament or a meeting of a Parliamentary Committee.

Further M Venkaiah Naidu also said that, however, these provisions do not apply in criminal cases. This provision in no way exempts MPs from criminal cases. Therefore, MPs are like ordinary citizens in criminal proceedings and can be arrested during parliamentary sessions or committee meetings.

In 1966, Venkaiah Naidu referred to the arrangement of the then Presiding Officer Dr. Zakir Hussain. He said that no MP can refuse to appear before the investigating agencies in the name of the work of Parliament. MPs should follow the process of law and order. It applies to everyone. Investigating agencies can ask for a further date in such cases giving reasons for the meeting. M Venkaiah Naidu also referred to some decisions of the Supreme Court in this regard.