Legislators not above the law

The decision of the Supreme Court that the members of the Kerala legislative assembly who vandalised the House under the pretext of a protest in 2015 cannot claim constitutional privileges available to the conduct of people’s representatives inside the legislature and must instead stand trial is welcome. The court also dismissed the plea of the government that criminal proceedings against MLAs for an Act in the house needed the sanction of the Speaker, making it clear that criminal law operates everywhere, and that it does not recognise holy precincts and their masters at all. “No member of an elected legislature can claim either a privilege or an immunity to stand above the sanctions of the criminal law, which applies equally to all citizens,” was the unequivocal order of the court.

The case pertains to the alleged unruly acts of some LDF legislators, then in Opposition, to stop the then finance minister from presenting the budget on the floor of the house as he was accused of corruption. The LDF returned to power in the subsequent elections and wanted to withdraw the case against its own MLAs, one of whom is a minister now. The government relied on Article 194 (2) that protected the acts and proceedings in the House from being called into legal question, but the court would have none of it.

It was not the first time that a legislative assembly or a House of Parliament witnessed unsavoury acts that undermined rule of law and questioned the sanctity associated with them. In most cases, the culprits managed to go scot free as governments took a lenient position.

The very purpose of the legislature is to reflect people’s opinions. But if the Opposition members fail to make a point, they should let the law take its own course instead of attempting to hide under parliamentary privileges. The court has just reminded them of that.