The Karnataka High Court has recently addressed the boundaries of legislative privilege, emphasizing that ethical conduct must be upheld in legislative discussions and that criminal acts committed within the legislature are not immune from prosecution. This stance aligns with the Supreme Court’s position in a 2021 ruling, where it was held that legislative privileges do not shield lawmakers from criminal liability for actions such as vandalism within the House.

In a related development, the Karnataka High Court issued a notice to the state government concerning a Public Interest Litigation (PIL) challenging a government order to withdraw 43 criminal cases against former ministers, MLAs, and other influential individuals. The court observed a “strong prima facie case” suggesting that the government may have overstepped its authority by directing public prosecutors to withdraw these cases, potentially violating Section 321 of the Criminal Procedure Code, which stipulates that only public prosecutors have the discretion to withdraw criminal cases.

These legal developments underscore the judiciary’s commitment to ensuring that legislative privileges are not misused to circumvent accountability and that ethical standards are maintained within legislative proceedings.

Sources