The privilege of MPs does not extend to criminal cases

• MPs do not enjoy any protection from being arrested in a criminal case during the Session or otherwise," the Rajya Sabha Chairman made clear in the House.
• Members of Parliament (MPs) are "not on a different footing than a normal citizen" in criminal cases.
• A day after House Speaker and leader of the Congress, Mallikarjun Kharge, brought up the fact that he had been summoned by the Enforcement Directorate when the House was in session, the Chairman made his observation.

Highlight

• Article 105: According to Article 105 of the Constitution, Members of Parliament are entitled to several privileges that allow them to carry out their parliamentary responsibilities without interference.
• A member of Parliament has the privilege of not being subject to civil arrest 40 days prior to the start of a session or committee meeting and for 40 days following.
• The Civil Procedure Code of 1908's Section 135A already includes this privilege.

Parliamentary privileges

• parliamentary privilege is the totality of the special rights that each House collectively and each member individually enjoys that outweigh those that belong to other groups or individuals and without which they are unable to carry out their duties.
• While certain privileges are only subject to custom and parliamentary legislation, others are governed by statute.
• These privileges and immunities are as per Indian Constitutional Articles 105 and 122 while the state-specific provisions are Article 194 and 212

Historical background

• As a result of the 1833 Charter Act, the Governor-Council General was expanded to include a fourth member, setting the stage for the development of Parliamentary powers in India. A brand-new type of legislative framework was developed. This laid the foundation for an organization that eventually developed into a fully functional legislative body.
• The formal opposition to the assembly's privileges decreased after the Indian Councils Act of 1909 made indirect elections to the legislature possible.
• Freedom of speech in the legislature was guaranteed under the Government of India Act of 1935.
• Some of the privileges of Parliament, including those of its members and committees, are now protected by the Constitution, and the House is governed by specific laws and procedural norms; nevertheless, some rights still rely on precedents from the House of Commons.

Sources of privileges

The five sources of the privileges are as follow :

• Constitutional provisions
• Various laws made by Parliament
• Rules of both the Houses
• Parliamentary conventions
• Judicial interpretations

Constitutional provision

• The two houses of parliament and their committees' members are granted special rights, immunities, and exemptions under Articles 105 and 194.
• The Attorney General of India and Union Ministers are among those who are granted these powers if they speak or participate in any committee of the Parliament.
• President, who is a vital member of the legislature, does not get to enjoy these
• The Constitution's 44th Amendment changed Article 105 (3), which now contains two parts.
• Each House of Parliament, its Members, and Committees shall have the authority, privileges, and immunities as may be prescribed by law from time to time by the Parliament.
• As long as no specific definition of these rights, privileges, or immunities is provided by Parliament, they will be the same as those enjoyed by the House of Commons on January 26, 1950.
• Although the House of Commons has not been specifically mentioned in Article 105 (3), these privileges nevertheless apply until Parliament passes legislation.

Types of Parliamentary Privileges in India

Collective privileges

The privileges belonging to each House of Parliament collectively are:

• The capacity to both publish reports, discussions, and proceedings and to prohibit others from doing the same.
• Under the freedom of the press, it may publish accurate reports of parliamentary proceedings without the House's consent.
• This right of the press does not, however, apply in cases of secret House meetings.
• Keep outsiders away from the gathering and arrange secret meetings to discuss important subjects.
• Make regulations to control its own operations and business dealings, as well as to decide on such matters.
• A member has the right to be immediately informed of their arrest, detention, conviction, imprisonment, and release.
• Ask questions and demand someone's presence.
• The actions of a House or its committees cannot be looked at by the courts.

Individual Privileges

The privileges belonging to the members individually are:

• No member may be detained between the 40 days prior to the start of the session and the 40 days following its conclusion.
• This privilege is only available in civil cases; it is not available in criminal proceedings or instances involving preventive custody.
• Members of parliament have the freedom to speak their minds. Any statements made or votes cast in the parliament or its committees are not subject to judicial review. The articles of the Constitution as well as the conventions and procedures governing how Parliament conducts itself place restrictions on this freedom.
• When Parliament is in session, members are exempt from jury duty. They are free to testify in court without providing any proof.

What is a breach of privilege?

• Any violation of a member of Parliament's or Parliament's privilege is a breach of privilege.
• Any activity that "casts reflections" on lawmakers, the legislature, or its committees may be deemed a violation of privilege, among other reasons.
• This could involve the publication of news articles, editorials, or claims made in interviews for newspapers, magazines, television, or in public speeches.

Advantages of Parliamentary Privileges

• As a result, tensions are reduced, goodwill is fostered, and cooperation between the two parts of government is encouraged: The parliamentary system of government encourages collaboration between the executive and legislative arms of government, which is advantageous.
• Quicker and more effective judgment: To enable quicker and more effective decision-making, the parliamentary system is integrated with the legislative and executive arms of government.
• Less employees and money are needed because the legislative and executive work together to administer a cabinet system of government in a parliamentary system of government. Unlike a presidential system, where each branch of government is divided and staffed by a different group of individuals.
• It fosters excellent governance: The parliamentary system of government encourages effective management of the nation because all cabinet members are motivated to work hard by the individual and collective responsibilities given to the parliament. Additionally, accountability and transparency are guaranteed.

Issues with Parliamentary privileges

• While a parliamentary system may seem to always favor good governance, it can also breed too confident and strong lawmakers, which can result in the abuse of political power. The legislative system will elevate and make untouchable members of parliament.
• The Prime Minister is devoted to his party rather than the country's citizens since, in a parliamentary system of government, he is directly elected as the head of his party. He will therefore have greater loyalty to his party than to his people.

Conclusion

In order for the parliament to function effectively, members are given privileges. The foundation of democracy will be lost if privileges are not granted in accordance with fundamental rights, which are necessary to protect citizens' rights. The parliament must respect all other rights guaranteed by the constitution. They must always keep in mind that their powers do not make them corrupt.

Because of this, it is frequently effectively decided that when deciding on privileges, the house cannot simply adopt a British equivalent, but instead must decide and analyze if it matches Indian Democracy and does not insult the state's Republic characteristic.

The Criminal Procedure (Identification) Act

Recently, the Criminal Procedure (Identification) Act which was passed by the Parliament, came into force.

More About the Act

The Identification of Prisoners Act, 1920 from the colonial era is replaced by the new law.

The new law permits investigators to gather specific identifiable information about prisoners and other people for the purpose of identifying them and conducting criminal investigations.

Legal authorization for data collection:

The new law gives the police the authority to gather physical and biological samples from suspects and criminal defendants alike. It empowers police to collect:

• Fingerprints
• Palm print and footprints
• Photos
• Iris and retina scans
• Analysis of physical and biological samples
• Behavioural attributes
• Signature and handwriting

Persons in preventive detention:

The Act also seeks to apply to persons detained under any preventive detention law.

The National Crime Records Bureau's (NCRB) function is:

• The National Crime Records Bureau (NCRB) is also given legal authority by the law to store, protect, share, and delete the national record of measures.
• The records may be kept for up to 75 years.

Punishment

• Additionally, it eliminates the requirement that a crime is punished by at least a year or longer in prison in order for "measures" to be implemented.

Exemptions:

• The law only permits an exception in the form of required consent for "biological samples," unless the accused has been arrested for sexual assault against women or children or for a crime that has a statutory minimum sentence of seven years.

Power of magistrate

• The statute gives the magistrate the authority to order someone to provide information in order to conduct an investigation or other legal action under the CrPC.
• The Magistrate may be a Metropolitan Magistrate, a Judicial Magistrate of the First Class, or an Executive Magistrate depending on particular conditions (such as the area in question).

Juvenile records:

• The Act does not specifically prohibit obtaining measurements of children.
• Regarding the deletion of records of convictions made under the Act, the provisions of the Juvenile Justice Act, 2015 (Special Act) shall apply.

Significance of bills

• The act makes use of cutting-edge technology to gather data.
• such as a retina scan, biometrics, and fingertips that have already been scanned.
• Utilizing more advanced technologies will only reduce the likelihood of errors.
• It suggests making sure that no political agitator is required to provide (physical and biometric) measurements solely for political agitation.
• However, if a political figure is detained in connection with a crime, he must be treated equally with citizens.
• It is appropriate given how crimes are evolving.
• It suggests enhancing the police and forensic department's capabilities.

Criticism of the bill

The Opposition raised concern that the Act's reference to "biological samples and their analysis" would provide authorities permission to conduct narcoanalysis and brain mapping.

Opaqueness:

• The act is unclear and opaque since it does not specify why the measurements are being gathered, stored, preserved, or disseminated.
• Procedures protections that the parent statute itself must establish but do not include the duration for which such measurements shall be retained and the reasons for their removal and destruction.

Force:

• It claimed that the Act would provide authorities the authority to measure suspects and detainees against their will, in violation of a number of Supreme Court rulings and the rights of prisoners.

Over delegation of power and surveillance state:

• The statute grants excessive delegation of power to a number of officials and authorities, including the police and prison guards.
• The act was criticised by some as being a step toward a surveillance state.

Contrary to the Constitution

• The fundamental rights to equality (providing under Article 14), the right against self-incrimination (providing under Article 20(3)), and the right to privacy (providing under Article 21) of the Indian Constitution are all clearly violated by the act, according to a regulatory and scientific analysis of the law.
• A violation of a person's right to privacy is considered constitutional if it passes the Puttaswamy II-established proportionality test.
• In accordance with the doctrine of proportionality, there must be (I )a justifiable goal, (ii) appropriate means, (iii) a need for means, and (iv) proportionality stricto sensu.

Way forward

Protection against abuse:

• The government promised that the regulations would include protections against any abuse of the identifying database and biological samples by establishing accountability of those in charge of data security.

Strengthening criminal procedure:

• According to the government, this bill will strengthen criminal procedures by centralizing information and evidence to boost conviction rates.

Recommendations:

• Enforcement agencies must be permitted to employ scientific approaches to prevent and detect crime in order to facilitate identification and investigation in criminal situations.
• The investigating police should have the necessary training.
• As long as national security is the top priority, it is important to retain the right to privacy.

Pharmacopoeia Commission for Indian Medicine

The Pharmacopoeia Commission for Indian Medicine & Homoeopathy (PCIM&H) has been formed by the Indian government as a subsidiary office under the Ministry of Ayush.

The Pharmacopoeia Commission of Indian Medicine & Homoeopathy (PCIM&H) and the two central laboratories, Homoeopathic Pharmacopoeia Laboratory and Pharmacopoeia Laboratory for Indian Medicine, have been combined by the government (HPL).

About commission

• Established in 2010, PCIM&H is an independent organization operating under the Ministry of Ayush's supervision.
• By the 1940 Drugs and Cosmetics Act and it's 1945 implementing rules, Pharmacopoeia is a book of standards that is officially recognized.
• It is recognized as the official book of standards for medications imported and/or manufactured for sale, stock, an exhibition for sale, or distribution in India under the Second Schedule of the Drugs and Cosmetics Act.
• It outlines the requirements for pharmaceuticals that are produced and marketed in India regarding their identification, purity, and potency.
• The Commission develops pharmacopoeial standards for pharmaceuticals that are Ayurvedic, Unani, Siddha, and homeopathic.
• PCIM&H also serves as the Indian systems of medicine and homeopathy’s central drug testing and appeals laboratory.

Benefits of Combining PLIM and HPL:

• Optimal use of the three organizations’ technical expertise, financial resources, and infrastructure to improve their standardized results.
• Pharmacopoeias and formularies should be published, and standards for AYUSH medications should be developed with focus and cohesion.
• The goal of the merger is to give legal standing to the combined organization of PCIM&H and its laboratory by amending the Drugs and Cosmetics Rules, 1945, as well as adding any required enabling clauses.
• The Ayurveda, Siddha, and Unani Drugs Technical Advisory Board, the Director General of Health Services, and the Drugs Controller General have all been consulted (ASUDTAB).

How does the government support AYUSH goods and medicines?

The 1940 Drug and Cosmetic Act:

• The State Drug Controllers chosen by the relevant State are responsible for enforcing the legal regulations relating to Quality Control and the issue of Ayurvedic, Siddha, and Unani drug licenses.
• It offers the legal requirements for granting permits to produce Ayurvedic, Siddha, and Unani medicines.
• Manufacturers are required to abide by the regulations set forth for licensing of manufacturing facilities and medications, including evidence of safety and efficacy and adherence to Good Manufacturing Practices (GMP).

Certifications of AYUSH products:

• The Ministry of Ayush recommends the following certifications of AYUSH products, as shown below, to facilitate exports:
• According to WHO Guidelines, herbal products must be certified as pharmaceutical products (CoPP).
• The Quality Council of India (QCI) launched a quality certification program to grant the AYUSH Premium label to products that are Ayurvedic, Siddha, and Unani based on an independent assessment of their quality and compliance with international standards.
• The Central Sector Scheme of the AYUSH Oushadhi Gunvatta Evam Uttpadan Samvardhan Yojana (AOGUSY) has been implemented by the Ministry of Ayush.

Objectives:

• to expand India's capacity for producing traditional medicines and health-related items, as part of Atmanirbhar Bharat's strategy.
• enabling appropriate institutional, technological, and infrastructure development in the public and commercial sectors for the standardization, high-quality production, and analytical testing of Ayush medications and materials
• enhancing central and state regulatory structures for efficient quality control, safety monitoring, and supervision of false advertising of Ayush medications
• fostering the development of synergies, partnerships, and convergent strategies for advancing the standards and quality of Ayush medications and materials

AYUSH System of Medicine

The abbreviation AYUSH stands for Ayurveda, Yoga, Naturopathy, Unani, Siddha, and Homeopathy, among other Indian medical systems. These systems reflect a method of healthy living with defined beliefs on illness prevention and health promotion and are founded on clear medical philosophies. All of these systems take a holistic approach to health, disease, and treatment.

Ayurvedic medicine's time-tested methods for increasing immunity were discussed in a Ministry of AYUSH advice. In these trying times, the advice is emphasized to assist everyone's efforts to strengthen immunity.