Protecting the freedom of speech of MPs, Pg7

Key Highlights:

• Recent parliamentary events have highlighted concerns about freedom of speech for Members of Parliament (MPs), as guaranteed by Article 105 of the Constitution.
• Mallikarjun Kharge, the Leader of the Opposition in the Rajya Sabha, has protested the expunction of portions of his speeches, arguing that it undermines their coherence.
• Rule 380 allows the Speaker to expunge unparliamentary, defamatory, indecent, or undignified words, but this power should not be used to stifle free speech.
• The article emphasizes the importance of a strong Opposition in a democratic Parliament, as highlighted by the practices of Jawaharlal Nehru.

Detailed Insights:

• Article 105 of the Constitution guarantees freedom of speech to MPs, subject to the Constitution's provisions and the rules of the Houses, but these rules should not override constitutional rights.
• The Supreme Court has clarified that restrictions on citizens' rights should not eclipse those rights, a principle applicable to MPs' freedom of speech.
• Expunging words should be limited to offending words, not entire sentences or paragraphs, to avoid diminishing MPs' freedom of speech.
• Restrictions on freedom of speech include discussions on judges' conduct (Article 121), sub judice matters, personal allegations, and defamatory statements.
• Jawaharlal Nehru emphasized giving Parliament correct information and listening to Opposition leaders to understand reality, highlighting the importance of their role.
• The article expresses concern over attempts to prevent the Leader of the Opposition from speaking and efforts to disqualify him, signaling a breakdown in government-opposition relations.
• The author emphasizes that a balance between the majority's right to govern and the minority's right to criticize is crucial for parliamentary government.

Key Concepts Involved:

• Article 105: Constitutional provision guaranteeing freedom of speech to MPs, subject to the Constitution and rules of the Houses.
• Expunging Words: The process by which the Speaker removes unparliamentary or inappropriate words from the official record of parliamentary proceedings.
• Opposition: The political parties or groups that are not in power and that challenge the policies and actions of the government.