Paper: GS – II, Subject: Polity, Topic: Rights issues, Issue: Freedom of Speech of MPs.
Context:
The freedom of speech of Members of Parliament (MPs) in India, as guaranteed by Article 105 of the Constitution.
- Recent events in Parliament have raised concerns about the extent to which this freedom is respected and upheld, particularly in light of the rules governing parliamentary proceedings.
Key Takeaways:
The Constitutional Framework:
- Article 105: This article guarantees Freedom of Speech of MPs, allowing them to express their views freely in Parliament. Subject to Constitution and Rules of the House.
- Rules of the Houses: The rules impose certain restrictions on MPs’ speech, including prohibitions on discussing the conduct of judges (Article 121), personal allegations, and defamatory remarks without prior notice to the Speaker.
- These rules are intended to maintain decorum and respect within parliamentary debates.
- Supreme Court Clarifications: Restrictions should not destroy the essence of fundamental rights. Parliamentary rules must not be used to silence dissent.
The Issue of Expunging Words:
- Expunction of Remarks: Concerns over removal of substantial portions of speeches (e.g., Opposition leaders). May distort intended message.
- Rule 380: Speaker can expunge “unparliamentary” words. Should apply only to specific offending words – not entire arguments.
- Impact on Legislative Debate: Arbitrary expunction can weaken free debate. Undermines parliamentary democracy.
Need for Mutual Forbearance:
- Breakdown of Relations: Rising tensions between government and Opposition weaken parliamentary functioning. Lack of mutual respect disrupts legislative process.
- Preserving Democratic Values: Both majority and minority voices must be respected.
- Call for Reform: Parliamentary rules must be applied fairly and judiciously. Safeguard MPs’ freedom of speech from misuse or overreach.
Freedom of speech of MPs is vital to democracy; parliamentary rules must maintain decorum without silencing dissent. Mutual respect between government and Opposition ensures Parliament remains effective, accountable, and deliberative.
Source: (The The Hindu)
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