Relevance: GS II (Indian Polity – Parliament & Elections) | Source: The Hindu /Indian Express

1. The Context: The Twin Challenges

Following the defeat of the 131st Amendment Bill, the Prime Minister gave a national address criticizing the opposition. This sparked two major challenges:

• Privilege Notice: Congress accused the PM of “breaching parliamentary privilege” by publicly casting aspersions on how MPs voted inside the House.
• MCC Violation Complaint: The Opposition complained to the Election Commission (ECI) that the PM misused a public broadcaster for political messaging while the Model Code of Conduct was active for upcoming Assembly elections.

2. Parliamentary Privileges (The Core Concept)

These are special immunities enjoyed by Parliament and its members to function independently.

• Constitutional Backing: Article 105 guarantees freedom of speech for MPs and grants absolute immunity from court proceedings for any vote given inside the House. (Article 194 gives these same rights to State MLAs).
• The Allegation: Attributing negative “motives” to an MP’s vote is argued to be a Contempt of the House, as it undermines an MP’s right to vote freely without fear of executive retribution.
• The Process: The Lok Sabha Speaker receives the notice and can refer it to the Privileges Committee (a 15-member body in the LS) for investigation.

3. The Model Code of Conduct (MCC)

The MCC regulates political behavior to ensure a “level playing field” during elections.

• Statutory Status: The MCC is NOT a law. It has no statutory backing and is a consensus document. However, the ECI enforces it using its overarching powers under Article 324.
• Part VII (Party in Power): The complaint specifically targets Part VII of the MCC, which strictly forbids the ruling party from misusing official public media (broadcasters) for partisan political campaigning.

The UPSC Trap

• The “Statutory Backing” Trap: UPSC frequently tests the legal status of the MCC. An exam statement might claim, “The Model Code of Conduct draws its statutory power directly from the Representation of the People Act, 1951.” Incorrect. The MCC itself has NO statutory backing; it is purely a moral code of consensus, though some of its provisions overlap with actual laws in the RPA or IPC.

UPSC Value Box

Key Concept	Simple Meaning
Article 105	Defines the powers, privileges, and immunities of Parliament and its Members (including freedom of speech in the House).
Article 324	Vests the power of “superintendence, direction, and control” of elections in the Election Commission, giving it the authority to enforce the MCC.
Basic Structure	Ensuring a “Level Playing Field” during elections is considered a core part of the Basic Structure of the Indian Constitution regarding democracy.

With reference to Parliamentary Privileges and the Model Code of Conduct (MCC) in India, consider the following statements:

1. The Model Code of Conduct (MCC) is a statutory document mandated by the Representation of the People Act, 1951.
2. Article 105 of the Constitution provides Members of Parliament immunity from court proceedings for any vote given by them in Parliament.
3. In India, parliamentary privileges and the specific acts constituting their breach have been comprehensively codified under a central law.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 2 only

(c) 1 and 3 only

(d) 1, 2 and 3

Correct Answer: (b)