Legislative immunity should be limited to actions that have a functional relationship to the discharge of the duty of a legislator. Examine. (15 marks, 250 words)

Parliamentary privileges or immunity are the privileges available to the MPs under article 105 of the constitution to ensure the smooth conduct. Utility of these immunities: (1) Prevent interfering from the Judiciary (e.g article 122 prohibits Judiciary from interfering in the mother of Legal Lathe (2) To provide freedom of speech & expression to MPs in the parliament (3) To ensure smooth conduct of parliamentary affairs without any description (4) Collective privileges of parliament present & protect the sanctity

of legislature. Helps to counter the corrupt of the house by members & outsiders. Limitations: (1) Reference to party over MPs due to 10th schedule (2) Cases of cash for query in Parliament. (e.g Methy Pushes case) (3) Supreme court in diffy series case recently overturned it judgement of a P.V. Nrusimha Rao & held that corrupt practices can't be protected under the parliamentary privileges (4) Privileges are defined & they are based on parliamentary conventions

Way ahead: (1) Clear law on Parliamentary privileges ste UK. (2) UK Model of giving maximum freedom to the MPs over parties (3) NERUC also advised to clearly define privileges in constitution. Immunities shall be used for smooth conduct of parliament & not for Corrupt practices. As per the M.C.Sharma case: (5) Privileges are undefined & they are based on parliamentary conventions