Introduction
Today's legal focus is on the constitutional machinery of the Indian Parliament. A privilege notice against MPs for "misconduct" has brought the concept of Parliamentary Privileges under Article 105 to the forefront. On the international front, India has elevated its relationship with Ethiopia to a "Strategic Partnership," involving legal agreements on debt restructuring and digital infrastructure.
1. Constitutional Law: Parliamentary Privileges
A Breach of Privilege notice has been moved against certain MPs for obstructing the introduction of the Viksit Bharat- Guarantee For Rozgar And Ajeevika Mission (Gramin) Bill, 2025. This incident reactivates the debate on the scope of immunity and discipline within the House.
A. Constitutional Source of Power
Article 105: Defines the powers, privileges, and immunities of the Houses of Parliament (Lok Sabha & Rajya Sabha) and their members/committees.
Article 194: Provides identical privileges to State Legislatures.
The "Uncodified" Nature: Under Article 105(3), until Parliament defines these privileges by law (which it hasn't), they are legally equated to those of the British House of Commons as of 1950.
B. Breach of Privilege vs. Contempt of House
Breach of Privilege: A specific violation of the rights of MPs (e.g., preventing them from voting, arresting them during a session without cause).
Contempt of the House: A broader concept. Any act that obstructs the House from functioning (like shouting slogans, tearing papers, or disobeying the Speaker) is "Contempt," even if it doesn't violate a specific "privilege." The current notice cites Misconduct and Obstruction, which falls under Contempt.
C. The Adjudicatory Mechanism
Committee of Privileges: This is a semi-judicial body within Parliament.
Lok Sabha: 15 Members (Nominated by Speaker).
Rajya Sabha: 10 Members (Nominated by Chairman).
Power: The Committee investigates the breach and recommends punishment (Admonition, Reprimand, Suspension, or even Expulsion).
D. Key Judicial Precedents (Crucial for CLAT)
Searchlight Case (1958): The SC ruled that in a conflict between Article 19(1)(a) (Freedom of Press) and Article 194 (Privileges), the Privileges prevail.
Sita Soren v. Union of India (2024): A landmark 7-judge bench ruling. It overturned the 1998 JMM Bribery Case. The Court held that parliamentary immunity (Article 105/194) does NOT protect an MP/MLA from prosecution for bribery. Accepting a bribe is a crime independent of the act of voting/speaking in the House.
2. International Law & Diplomacy: India-Ethiopia Strategic Partnership
During the Prime Minister's visit, India and Ethiopia elevated their ties to a Strategic Partnership.
A. Legal Instruments Signed
MoUs: Eight Memorandums of Understanding were signed, covering digital data centers and trade.
Debt Restructuring: A significant financial-legal development is India's agreement to restructure Ethiopia's debt under the G20 Common Framework. This is a multilateral legal mechanism to help distressed economies avoid default.
B. Diplomatic Recognition
Highest Honour: PM Modi was conferred The Great Honor Nishan of Ethiopia.
Strategic Context: Ethiopia is a member of BRICS (joined recently) and hosts the African Union (AU) headquarters, making it a pivotal legal entity in African geopolitics.
Key Legal Takeaways
Constitutional Articles: Article 105 (Parliamentary Privileges), Article 194 (State Legislature Privileges).
Key Case Law: Sita Soren v. Union of India (2024) – No immunity for bribery.
Parliamentary Body: Committee of Privileges (15 members in LS, 10 in RS).
Concept: Contempt of the House (Obstructing proceedings).
International Relations: India-Ethiopia Strategic Partnership; Ethiopia is a BRICS member.
Financial Law: G20 Common Framework (Mechanism for Debt Restructuring).
Frequently Asked Questions (FAQs)
Q1: Can a Member of Parliament be arrested in a civil case while the House is in session?
Answer: No. Under Section 135A of the Code of Civil Procedure (CPC), 1908, an MP is immune from arrest in civil cases during the session of Parliament and 40 days before and after it. However, this immunity does NOT apply to criminal cases or preventive detention.
Q2: Who decides whether a breach of privilege has occurred?
Answer: The Speaker (Lok Sabha) or Chairman (Rajya Sabha) is the first authority to decide if the motion is in order. They can either decide it themselves or refer it to the Committee of Privileges for investigation.
Q3: Is the "Right to Strike" a parliamentary privilege?
Answer: No. Parliamentarians do not have a privilege to strike or disrupt the proceedings. Such actions are considered Contempt of the House.
Q4: Which recent Supreme Court judgment removed the immunity of MPs for taking bribes?
Answer: The Sita Soren v. Union of India (2024) judgment. It overruled the earlier P.V. Narasimha Rao (1998) judgment.
Q5: What is the "G20 Common Framework" mentioned in the India-Ethiopia talks?
Answer: It is a multilateral legal framework initiated by the G20 and the Paris Club to coordinate debt treatments (restructuring) for low-income countries facing insolvency.