India | Updated May 01, 2008 at 12:19am IST

Judiciary told to keep off certain areas

Ashok BagriyaAshok Bagriya, CNN-IBN

New Delhi: The Parliamentary Panel on Privileges submitted a report on Wednesday, which laid down the key areas where the judiciary can't interfere. It also prepared a code of conduct for all Members of Parliament.

And the most important message of the report seems to be 'Don't touch the MPs'.

At a time when there is an intense debate whether the judiciary be brought under the Right to Information Act, the panel has tried to insulate the MPs from any outside interference whatsoever.

So any decision taken by Parliament should not be open to any review by the Chief Information Commissioner.

Asking for greater empowerment of the Lok Sabha Speaker, the panel states that the speaker could decline any request from the judiciary asking for information, which could be questioning the priviledge of Parliament.

This should be applicable at all times whether Parliament is in session or not.

It goes on to question the rights of the Central Bureau of Investigation as well. Stating that while the Speaker could give photocopies of any document that the investigating agency might need, any request for originals or deposition of any member must be referred to Parliament's Privileges Committee.

The Panel has also asked for a code of conduct for the MPs.

So if anyone violates the privilege accorded to them as an MP, they can in extreme cases even be expelled from Parliament.

"We have laid down broad parameters and guidelines as to what could be construed to be an act of misconduct. We have tried to confine it to an act which you misuse from a facility that you get from Parliament," Congress MP V Kishore Chandra S Deo, who headed the 11-member committee, said.

Over the last one year, the Lok Sabha Speaker has been waging a lonely battle of sorts against the judiciary asking the two organs to work together rather than against each other.

Now politicians seem to be working towards their in-house monitoring mechanism and it is something that may not go down well with the judiciary.

Some of the key recommendations are:

  • Any decision taken by Parliament while in session should not be open to any review by the Chief Information Commissioner.
  • Any query which could question the privilege of Parliament could be declined by the Lok Sabha Speaker.
  • Any request by the CBI for an original document must be referred to Parliament's Privileges Committee first.

The panel’s nine-point code of conduct for MPs includes laying down clearly areas, which could see a conflict of interest between their official position and personal capacity.

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