Code
Section 135A. Exemption of members of legislative bodies from arrest and detention under civil process.—
(1) No person shall be liable to arrest or detention in prison under civil process—
(a) if he is a member of—
(i) either House of Parliament;
(ii) the Legislative Assembly or Legislative Council of a State; or
(iii) a Legislative Assembly of a Union Territory,
during the continuance of any meeting of such House of Parliament or, as the case may be, of the Legislative Assembly or the Legislative Council;
(b) if he is a member of any committee of—
(i) either House of Parliament;
(ii) the Legislative Assembly of a State or Union Territory; or
(iii) the Legislative Council of a State,
during the continuance of any meeting of such committee;
(c) if he is a member of—
(i) either House of Parliament; or
(ii) a Legislative Assembly or Legislative Council of a State having both such Houses,
during the continuance of a joint sitting, meeting, conference, or joint committee of the Houses of Parliament or the Houses of the State Legislature, as the case may be, and during the forty days before and forty days after such meeting, sitting, or conference.
(2) A person released from detention under sub-section (1) shall, subject to the provisions of that sub-section, be liable to re-arrest and further detention to which he would have been liable if he had not been released under this section.
Explanation of Section 135A CPC
Section 135A of the Code of Civil Procedure, 1908 grants temporary protection from arrest and detention under civil process to members of legislative bodies while they perform their official duties. The provision ensures that elected representatives can participate in legislative proceedings without interruption caused by civil actions.
The law grants this protection only for specified periods connected with legislative work. It does not provide permanent immunity from civil proceedings. Once the protected period ends, the normal provisions of civil law apply.
Protection During Legislative Sessions
Section 135A protects Members of Parliament, Members of State Legislative Assemblies, Members of Legislative Councils, and Members of Legislative Assemblies of Union Territories from arrest or detention under civil process while their respective Houses are in session.
This safeguard allows legislators to attend debates, participate in discussions, vote on bills, and discharge their constitutional responsibilities without unnecessary interference.
Protection During Committee Meetings
The section also protects members who attend meetings of parliamentary or legislative committees.
Committees play an important role in examining bills, reviewing government policies, and making recommendations. The exemption ensures that committee members can carry out these responsibilities without disruption from civil arrest proceedings.
Protection Before and After Joint Sittings
One important feature of Section 135A is that it extends protection for forty days before and forty days after a joint sitting, conference, meeting, or joint committee of Parliament or a bicameral State Legislature.
This additional period allows legislators to travel, prepare for official responsibilities, and return from legislative duties without facing arrest under civil process.
Re-arrest After the Exemption Ends
Section 135A postpones the execution of civil process instead of cancelling it. After the protected period expires, authorities can lawfully re-arrest and detain the individual if the law permits.
This approach balances legislative independence with the enforcement of civil obligations.
Purpose of Section 135A CPC
The primary purpose of Section 135A CPC is to ensure the uninterrupted functioning of Parliament and State Legislatures. Legislative business requires the active participation of elected representatives, and civil arrest during official sessions could affect the legislative process.
The provision protects public duties while preserving the rights of individuals who seek enforcement of civil claims after the exemption ends.
Importance of Section 135A CPC
Section 135A strengthens democratic governance by allowing legislators to perform their constitutional functions without fear of civil arrest during protected periods.
At the same time, the provision maintains accountability because it grants only temporary protection. Once the exemption expires, civil proceedings may continue in accordance with the law.
Illustration
A Member of Parliament attends the Budget Session in Parliament. During the session, a creditor seeks the member’s arrest in connection with a civil dispute. Under Section 135A CPC, the member cannot be arrested under civil process while the session continues.
Similarly, a member of a State Legislative Assembly attends a committee meeting to examine a proposed law. During the committee meeting and the protected period provided by law, the member remains exempt from arrest under civil process. After the exemption ends, authorities may proceed with lawful civil action if necessary.
Common Questions and Answers
1. What is the purpose of Section 135A CPC?
Answer:
Section 135A CPC protects members of legislative bodies from arrest and detention under civil process during specified legislative sessions and related meetings.
2. Who receives protection under Section 135A CPC?
Answer:
The section applies to Members of Parliament, Members of State Legislative Assemblies, Members of Legislative Councils, Members of Union Territory Legislative Assemblies, and members attending legislative committee meetings.
3. Does Section 135A CPC provide permanent immunity?
Answer:
No. The exemption is temporary and applies only during the periods specified in the section. After the protected period ends, civil proceedings may continue according to law.
4. Can a person be re-arrested after the exemption ends?
Answer:
Yes. Section 135A allows authorities to re-arrest and detain the person after the protected period expires, provided the arrest is otherwise lawful.
Conclusion
Section 135A CPC protects members of legislative bodies from arrest and detention under civil process while they perform their constitutional responsibilities. The provision ensures that legislative work continues without unnecessary disruption while preserving the enforcement of civil law after the exemption period ends. By balancing legislative independence with legal accountability, Section 135A supports the effective functioning of both the legislative and judicial systems.
