With regard to clause (3) of the article I may say that the provision is vague. The privileges and immunities it provides for are of the vaguest description possible or imaginable. This clause has been bodily lifted from the existing Government of India Act enacted in England where the rights and privileges of the Members of the House of Commons are known and they have quite properly referred to them. I submit that, after Independence, we cannot relate our rights to those available to the members of the House of Commons. We should have our rights clearly and specially defined. In fact, the privileges of the Members of the House of Commons are not statutory. They are embedded in the Common Law to be found in the text-books which are many and also in case law which are scattered in many places. No one can tell us what the privileges are. Sir, to give Members here privileges similar to those enjoyed by the Members of the House of Commons is to give the Members practically no privileges at all. If a Member who wants to move about in his constituency desires to know his rights, he will have to take the help of an English attorney or Counsel to enlighten him. The Members of the House of Commons have freedom from arrest while going to or from Parliament and while doing work connected with Parliament. What about the many other undefined rights? These should all be defined and not left vague as at present. I suggest that at the end there should be added a Schedule defining the rights pending the House of Parliament making adequate laws in this respect. I submit we cannot leave the matter like this here.
