By Clifford Ndujihe, Deputy Political Editor
Across the globe, many countries have a measure of immunity for the legislature to ensure stability of the polity and sustenance of democracy.
In the United Kingdom, lawmakers enjoy Parliamentary privilege, which is a legal immunity enjoyed by Members of the House of Commons and House of Lords. It is designed to ensure that Parliamentarians are able to carry out their duties free from interference. The privileges are freedom of speech, freedom from arrest on civil matters, freedom of access to the sovereign and that ‘the most favourable construction should be placed on all the Houses’s proceedings.’
Turkey is one of the countries where lawmakers enjoy immunity. However, last May, Turkey’s parliament ratified a bill that stripped some legislators of immunity from prosecution. Championed by the ruling Justice and Development Party (AKP), the bill amended the constitution, adding a temporary clause to remove immunity from a total of 138 deputies – the exact number who are facing criminal investigations. The bill allowing criminal charges to be brought against legislators was signed by President Recep Tayyip Erdogan on June 7.
The Indian Parliament also has “privilege and immunity” that signify certain special or exceptional rights of Lok Sabha or Rajya Sabha or its individual members which are generally accepted as necessary for the exercise of their constitutional functions.
There are privileges that are enjoyed by members individually and these include: Freedom of speech, Freedom from arrest and Exemption from attendance as jurors and witnesses.
Under Freedom from Arrest: no member shall be arrested in a civil case 40 days before and after the adjournment of the House (Lok Sabha or Rajya Sabha) and also when the House is in session.
It also means that no member can be arrested within the precincts of the Parliament without the permission of the House to which he/she belongs. When a member of the House is arrested or detained, the authority concerned should immediately inform the speaker or the Chairman regarding the reasons for such arrest.
A member can be arrested outside the four walls of the House on criminal cases under the Preventive Detention, ESMA, NSA, POTA or any other such Act.
In Philippines, Article VI, Section II of the Constitution grants lawmakers immunity. It provides: “A Senator or Member of the House of Representative shall, in all offences punishable by not more than six years imprisonment, be privileged from arrest while the Congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or in any committee thereof.”
The principal parliamentary immunity in Australia is the immunity from civil or criminal action, and examination in legal proceedings, of members of the houses and of witnesses and others taking part in proceedings in Parliament.
This immunity is known as the right of freedom of speech in Parliament, because it has the effect of ensuring that members, witnesses and others cannot be sued or prosecuted for anything they say or do in the course of parliamentary proceedings. This freedom of speech has always been regarded as essential to allow the houses to debate and inquire into matters without fear of interference.
Comments expressed here do not reflect the opinions of Vanguard newspapers or any employee thereof.