Do not be sensitive to criticism: Bhushan to MPs

Like his associates Arvind Kejriwal and Kiran Bedi, who are facing charges of breach of privilege, he also sought tapes or transcripts of TV discussions during which he had made the alleged remarks for replying to the notices given by some MPs against him.

"I would like to say that whatever I have been saying about Parliament, its members and their conduct, is either a statement of fact, or inferences derived from those facts or bonafide comments on those made by me in public interest and to improve the functioning of our democracy.

"...I would therefore urge the house and its members not to be so sensitive about criticism and instead reflect upon why public perception about Parliament and its members has come to be what it is and explore ways and means to improve the functioning of our democracy," Bhushan said.

In his letter sent to Mukul Pande, Director of Rajya Sabha Secretariat, he said the Article 105 required Parliament to codify its privileges but "unfortunately" this has not been done even 61 years after Independence.

Claiming that the law of defamation is a sufficient safeguard to protect the reputation of MPs, he said, if anyone makes an unfair accusation about Parliament or MPs, it would generally be seen and perceived to be unfair by people.

He said any attempt by to use privileges to stifle freedom of speech of citizens who criticise MPs would only reinforce the feeling that there is a "serious problem" in the functioning of Parliament and that it was trying to stifle those who were raising "uncomfortable questions".

Bhushan said public confidence in any institution or its members was not engendered by preventing people from expressing their "free and frank opinion" about functioning of that institution or its members.

"The public perception about an institution or its members is created by their conduct and not by what people say about their conduct," he said.

Bhushan, a close associate of Anna Hazare who is spearheading a campaign for a strong Lokpal, said he was of the view that laws have to be made by Parliament but MPs must make those laws by ascertaining the wishes of the people.

"If they think that by being elected once, they have a license to do as they please during their term and make laws and policies against the wishes of the people whom they are supposed to represent and if they think that they can do so even by taking bribes, then  that is an incorrect understanding of democracy," he said.

Bhushan's remarks came apparently in reply to the charge that he had alleged that laws were passed in Parliament by members taking money for them.

He said his comments were not intended to refer to all MPs but "only to those who may have come to believe that being elected gives them the right to act as they please in Parliament, even against the wishes of the people".

Unfortunately, he claimed, the behaviour of many members of Parliament in the recent past has "done no credit" to themselves or to the institution of Parliament.

In these circumstances, Bhushan said, it was not only the fundamental right but also the duty of every right-thinking citizen of this country to draw attention to these "unfortunate state of affairs".

"Reasonable restriction on this right can be imposed by Parliament in the interest of public order, defamation, contempt of court etc. However parliamentary privileges are not a ground on which any restriction can be imposed on the exercise of the right of free speech," he said.

In any case, he claimed, the notion that allowing citizens to freely make "derogatory imputations" about Parliament or its members would destroy public confidence in Parliament and would thus lead to a collapse in democracy is a "totally incorrect notion".