S.C. decision an encroachment, feels MPs

By Our Special Correspondent

NEW DELHI, MAY 2. Members in the Lok Sabha today expressed concern over the Supreme Court's decision to refer to a Constitution Bench the question whether MPs should enjoy ``absolute immunity'' for their conduct inside the House. Under Article 105 (2), MPs enjoy immunity and cannot be prosecuted.

The Supreme Court's decision followed a public interest litigation petition against absolute immunity in the context of the apex court's judgment in the JMM MPs bribery case declaring that while giving bribe to an MP was an offence, the member could not be prosecuted for voting in Parliament in a certain manner after taking the bribe.

Raising the issue during zero hour, Mr. Prabhunath Singh (Samata Party) said the apex court's decision amounted to encroaching on the privileges of Parliament. He was supported by the Congress(I)'s Deputy Leader, Mr. Madhavrao Scindia, who said the Constitutional balance between the jurisdictions of the judiciary and the legislature should be maintained.

Mr. Scindia suggested the setting up of an Ethics Committee for the Lok Sabha on the lines of the one in the Rajya Sabha. The Deputy Speaker, Mr. P. M. Sayeed, said the Speaker, Mr. G. M. C. Balayogi, was already in the proceess of constituting a committee.

The CPI(M) leader, Mr. Somnath Chatterjee cautioned against saying anything that might bring the legislature into conflict with the judiciary.

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