In any democracy, Parliament stands as the supreme institution that represents the people, creating laws and holding the Government accountable. For Sri Lanka, Parliament embodies a rich legacy of democratic governance, tracing back to colonial legislative councils and eventually evolving into a fully sovereign institution. As Sri Lanka prepares to welcome a new Parliament, it’s a fitting time to reflect on the foundations of parliamentary privileges that empower Members of Parliament (MPs) to fulfill their duties without fear, interference, or undue influence.
Parliament is vital for the checks and balances needed in democratic governance. Through its powers to legislate, debate, and scrutinise, Parliament ensures that diverse viewpoints are heard, the rule of law is upheld and the rights of citizens are respected.
History of Sri Lankan Parliament
Sri Lanka’s Parliament traces its roots to the British-established Legislative Council in 1833, which gradually developed into a representative institution.
This evolution culminated in 1947 with the establishment of Sri Lanka’s first Parliament under a new Constitution, leading to independence in 1948. Over time, the institution has undergone multiple reforms, adapting to modern democratic principles and the challenges of contemporary governance.
Initially, the Executive and Legislative Councils, formed by the British, convened in what is now the Ministry of Foreign Affairs, later moving to the old Parliament at Galle Face in 1930. This site served as the legislative centre until Parliament shifted to a new complex in Sri Jayewardenepura Kotte in 1982. In 1944, the British introduced the Westminster model, creating a two-house Parliament with a Governor-General representing the Queen. The Senate, abolished in 1971 was one of the many structural changes. The legislature’s name and composition evolved: The Legislative Council (1833-1931), the State Council (1931-1947), House of Representatives (1947-1972), National State Assembly (1972-1978) and finally, Parliament (1978) to the present.
The new Parliament, completed in 1982 at a historic site tied to Prime Minister Nissanka Alakesvara of King Vikramabahu III was designed by architect Geoffrey Bawa and built by a Japanese consortium, representing a significant landmark in Sri Lanka’s democratic journey.
Introduction to Parliamentary privileges
Parliamentary privileges are fundamental to enabling MPs to perform their duties independently, shielded from external pressures.
These privileges ensure MPs can freely express opinions, introduce legislation and debate public issues without the risk of legal or political retaliation. In essence, these privileges uphold the functioning of democracy by securing Parliament’s autonomy from other branches of Government and from external entities.
The basis for parliamentary privileges in Sri Lanka is enshrined in the Constitution, which recognises Parliament as a sovereign body. Additionally, the Parliamentary Powers and Privileges Act provides the governing framework for specific privileges and immunities granted to MPs.
This Act outlines the powers of Parliament and defines the scope of MPs’ immunities and responsibilities, reinforcing the independence of the legislative process.
The judiciary also plays a critical role in interpreting and upholding these privileges, ensuring that the protections are respected in a manner consistent with democratic principles. Courts may be called upon to resolve issues related to privilege breaches, especially when disputes arise between Parliament and other state entities, balancing parliamentary immunity with the rule of law.
The Parliamentary Powers and Privileges Act outlines several key privileges for MPs, including but not limited to:
Privileges of Members: Parliamentary privileges enable members to speak freely within Parliament, exempting them from legal repercussions that might otherwise arise from statements made in debates. This privilege of free speech is central to ensuring open discussion and accountability. Additionally, members are afforded protection against legal actions like civil suits when acting in their official capacity, allowing them to engage with issues directly impacting governance without fear of external legal consequences.
This exemption enables MPs to perform their duties uninterrupted, though it does not extend to criminal matters, ensuring that only legislative responsibilities are safeguarded.
Immunity from legal proceedings: Parliamentary immunity extends beyond freedom of speech. Members are granted protection from arrest in civil cases during sessions and committee work, a measure that preserves the legislative process by preventing disruptions.
However, this immunity does not protect members in cases of criminal conduct, ensuring that parliamentary status does not shield unlawful behaviour beyond legislative action.
Powers to uphold Order and Discipline: The Act also grants Parliament authority to enforce discipline within its proceedings. Members can be sanctioned for breach of Order, and Parliament may exercise powers to summon individuals, require the production of documents and conduct inquiries as needed for legislative purposes. These powers ensure that Parliament maintains control over its internal affairs and procedural integrity.
Protection from defamation claims: Statements made by MPs in Parliament cannot be used as grounds for defamation suits. This immunity supports uninhibited debate on sensitive issues, enabling members to raise criticism and discuss policies that might otherwise invite legal challenges.
Protection of parliamentary processes: The Act ensures that witnesses and individuals participating in parliamentary inquiries are protected, promoting truthful participation in investigations and testimony. This includes safeguarding witnesses from repercussions, such as lawsuits or penalties, for statements made under parliamentary privilege.
Mechanism to address breach of privilege: Parliament is equipped with procedures to address any misuse of privileges or breach of parliamentary Order. This includes the power to penalise individuals or members whose actions disrupt proceedings or violate established privileges, underscoring Parliament’s ability to self-regulate and uphold standards.
These privileges, immunity and powers are designed to foster an environment where Parliament can function independently, protecting its members and processes from external influences while maintaining order within the legislative body.
Rights and responsibility of MPs
While MPs are granted significant privileges, they are equally bound by responsibility. With power comes the responsibility to use it ethically and with respect for democratic principles. MPs must uphold public trust, represent their constituents with integrity and refrain from abusing privileges for personal gain.
A global perspective on privileges and power
In South Asia and across Commonwealth nations, parliamentary privilege plays a similar role in maintaining legislative independence. For example, the UK, as the origin of many parliamentary traditions, grants broad privileges to its MPs, particularly regarding the freedom of speech. India also follows a similar framework, with extensive privileges enshrined in its Constitution and legal system, ensuring that MPs can debate freely and address public grievances.
Recent events in New Zealand spotlight how parliamentary privileges and powers are being exercised amid significant debates on indigenous rights and the role of treaties in modern governance. In New Zealand, the Parliamentary Powers and Privileges Act allows Members of Parliament to address sensitive topics with freedom from legal consequences within parliamentary settings. This is crucial, especially as contentious Bills — such as the one reinterpreting the 1840 Treaty of Waitangi with Māori — bring indigenous issues to the forefront of political discourse.
New Zealand’s Parliament was briefly halted when opposition MP Hana-Rawhiti Maipi-Clarke, a Māori representative, performed a traditional haka in protest against the proposed Bill.
This action demonstrates how parliamentary privileges, such as freedom of expression within the Chamber, enable members to raise issues passionately and visibly. Following Maipi-Clarke’s action, thousands of Māori activists continued a hīkoi, a peaceful protest march, to the capital, Wellington, in opposition to the Bill.
While these democracies share foundational similarities, each country adapts its privileges to reflect its unique political landscape. Comparatively, Sri Lanka’s system has room to improve transparency and accountability in the use of privileges, especially in fostering public confidence.
As Sri Lanka has its hopes held high with a National People’s Power (NPP) Government, there is growing optimism for reform that would align parliamentary operations with modern democratic standards.
An NPP-led Parliament could prioritise updating the Parliamentary Powers and Privileges Act to enhance transparency, accountability and ethical governance. Such reforms might include clearer definitions of parliamentary privileges, enhanced oversight by independent bodies and strict ethical guidelines to prevent conflict of interest.
By addressing these areas, the NPP Government could build a legislative framework that balances parliamentary privilege with public accountability, ensuring that the Institution serves the interests of the people while upholding core democratic values. This shift could mark a significant step towards a more open and responsive Parliament, setting new standards for governance in Sri Lanka.
