Comments on MPs is not breach of privilege, claims Bhushan

In a long reply to the privilege notice of Rajya Sabha, the eminent lawyer argued that only an act leading to the obstruction in the functioning of Parliament or in performing MPs’ duty is breach of privilege.

Bhushan cited constitutional provisions and court judgments to prove his points. He claimed to have made these comments “in public interest and to improve the functioning of our democracy”. He has also advised MPs not to be sensitive to criticism.

Replying to Mukul Pande, the Director of Rajya Sabha Se­cretariat, Bhushan said: “The exercise by a citizen of his right of free speech, even if it makes derogatory references to members of Parliament cannot be said to amount to restricting the members’ right to speak or vote freely in Parliament and cannot thus amount to breach of privilege.”

He dismissed the notion that “derogatory imputations about Parliament or its members would destroy public conf­i­d­ence in Parliament and wo­u­ld le­ad to a collapse in de­mocracy.” Bhushan also attacked the way Parliament and state assemblies function and referred to frequent disruptions of proceedings, assault of members by other members and passage of the Bills without proper discussion.

“There have also been instances of members taking bribes for asking questions and even voting in Parliament for important issues like even for a vote of no-confidence.
It is also a known fact that several MPs are in jail for serious offences and more than a 100 are facing charge sheets for various offences,”  he further commented.

“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,” said  Bhushan.