When Punjab MLAs face accusations of being drunk or causing chaos in the House, citizens can demand transparency. Learn how to use Assembly Rules and RTI to act.
You are scrolling through your feed and see a clip from the Punjab Vidhan Sabha. It is not a debate on the state's ₹3 lakh crore debt or the falling water table. Instead, the Leader of Opposition is shouting that the Chief Minister has walked into the House in a drunk state. You see demands for immediate breathalyzer tests for every MLA. It feels like a high school fight, but these people run your state. If a student showed up drunk to a board exam, they would be barred for years. Does the law actually allow you to do anything when your representatives treat the Assembly like a lounge? While the cameras might cut away, the law provides specific tools for you to demand decorum.
To hold an MLA accountable for their behaviour inside the Punjab Legislative Assembly, you have to navigate the intersection of constitutional privilege and the House's internal rules. Unlike a regular citizen on the street, an MLA has specific protections while they are inside the chamber.
Under Article 194 of the Constitution of India, MLAs have "powers, privileges, and immunities." This means no MLA can be sued in a civil or criminal court for anything they say or any vote they give inside the House. This is why you cannot simply file a defamation case or a police complaint for "disorderly conduct" that happens on the floor of the Assembly. However, this immunity is not absolute; it is subject to the "Rules of Procedure" of the House.
The conduct of members in the Punjab Vidhan Sabha is governed by the Rules of Procedure and Conduct of Business in the Punjab Legislative Assembly.
While there is no specific law requiring a "closed-door alcohol test," the Punjab Assembly has a Committee on Ethics. This committee is tasked with examining every complaint relating to the unethical conduct of a member. If an MLA is accused of being intoxicated—which falls under unethical conduct and bringing disrepute to the House—the matter can be referred to this committee for investigation.
Outside the Assembly gates, the rules change. If an MLA is found intoxicated in a public place or causing a nuisance, Section 355 of the Bharatiya Nyaya Sanhita (BNS), 2023 (which replaces the old IPC Section 510) applies. It punishes misconduct in public by a drunken person with 24 hours of imprisonment or a fine of up to ₹1,000. However, for anything inside the House, the Speaker is the ultimate authority.
When you see reports of misconduct, don't just tweet about it. Follow these steps to create a formal record of your grievance.
Before taking action, you need to know what was officially recorded. Viral clips can be misleading.
You have a right to know how your representative is behaving. While you cannot RTI the "thoughts" of the Speaker, you can ask for factual records.
The Speaker represents the dignity of the House. As a citizen, you can send a formal "Representation."
If the Speaker does not act, you can write directly to the Chairperson of the Committee on Ethics.
If the Assembly Secretariat ignores your RTI or petition, use the Punjab Grievance Redressal System (PGRS).
If the PIO refuses your RTI claiming "Privilege" under Article 194, you must file a First Appeal. The Supreme Court in State of U.P. v. Raj Narain (1975) held that people have a right to know every public act, and legislative privilege cannot be used to hide facts that are already part of the public proceedings of the House. [Internal Link: https://howtohelp.in/guides/file-fir]
Holding a powerful politician accountable is never a straight line. In Punjab, as in any other state, you will hit these three specific roadblocks:
1. The "Internal Proceedings" Wall When you file an RTI or a complaint, the Vidhan Sabha Secretariat might cite Article 194(2) of the Constitution to tell you that what happens inside the House is none of your business. They often claim that "proceedings of the House" are exempt from public scrutiny or court interference.
2. The Speaker’s Political Identity The Speaker is technically neutral but is almost always an elected member of the ruling party. If you complain about the Chief Minister, the Speaker may simply refuse to refer the matter to the Ethics Committee.
3. The Lack of Medical Evidence Since there is no rule in the Punjab Vidhan Sabha requiring MLAs to undergo breathalyzer tests at the gate, "drunkenness" is often treated as an allegation rather than a fact.
To: The Public Information Officer, Punjab Vidhan Sabha Secretariat, Vidhan Bhawan, Chandigarh - 160001.
Subject: Request for information under Section 6(1) of the RTI Act, 2005 regarding House proceedings on [Date].
Details requested:
I have attached the IPO of ₹10 (No. ________). I am an Indian citizen.
To: The Hon’ble Speaker, Punjab Legislative Assembly, Chandigarh.
Subject: Complaint regarding unethical conduct of Member [Name/CM] under the Rules of Procedure.
Respected Sir, I am writing to you as a concerned citizen and voter from Punjab. On [Date], during the live broadcast of the House, the conduct of [Name of MLA] appeared to be in violation of Rule 92 (General Rules to be observed by Members).
The member was observed [describe specific behaviour: e.g., using slurred speech, unable to maintain decorum, interrupting the House]. Such conduct brings disrepute to this august House and violates the "Code of Conduct" expected of a people's representative.
I request you to:
Yours faithfully, [Your Name] [Your Address/Voter ID No.]
1. Can the Punjab Police arrest an MLA inside the Assembly for being drunk? No. Under the "Privilege" of the House, no process (civil or criminal) can be served within the precincts of the House without the Speaker's permission. Even for an offence under Section 355 of the BNS 2023 (misconduct in public by a drunken person), the police cannot enter the Vidhan Sabha floor to make an arrest while the House is in session.
2. Can the Governor of Punjab dismiss the CM for attending the House drunk? Generally, no. The Governor acts on the "aid and advice" of the Council of Ministers (Article 163). Unless the CM loses the majority (a Floor Test), the Governor cannot dismiss them for "bad behaviour." However, the Governor can send a "Message" to the House under Article 175(2) regarding the conduct of business.
3. What is the maximum punishment an MLA faces for disorderly conduct? Under Rule 96 of the Punjab Assembly Rules, an MLA can be suspended for the remainder of the session. In extreme cases of "unethical conduct," the House can vote to expel a member entirely, though this is rare and usually reserved for financial scams or criminal convictions.
4. Is there a "Right to Recall" if my MLA behaves badly? No. India does not have a "Right to Recall" law for MLAs or MPs. Once elected, they stay for 5 years unless they resign, die, are disqualified under the Tenth Schedule (anti-defection), or are convicted of a crime with a sentence of 2+ years (Section 8 of the Representation of the People Act, 1951).
5. Can I file a PIL in the Punjab & Haryana High Court about this? Courts are generally prohibited by Article 212 of the Constitution from inquiring into the "irregularity of procedure" of the State Legislature. A PIL might be dismissed unless you can prove that the conduct violated a fundamental right of the citizens or was a constitutional fraud.
6. Where can I watch the unedited footage of the Punjab Assembly? The Punjab Vidhan Sabha broadcasts its proceedings on its official YouTube channel ("Punjab Vidhan Sabha"). While the Speaker can order parts of the video to be "expunged" (removed) from the official record, the live broadcast often captures the initial chaos. Always record or archive these clips immediately.
No. Under the "Privilege" of the House, no process (civil or criminal) can be served within the precincts of the House without the Speaker's permission. Even for an offence under Section 355 of the BNS 2023 (misconduct in public by a drunken person), the police cannot enter the Vidhan Sabha floor to make an arrest while the House is in session.
Generally, no. The Governor acts on the "aid and advice" of the Council of Ministers (Article 163). Unless the CM loses the majority (a Floor Test), the Governor cannot dismiss them for "bad behaviour." However, the Governor can send a "Message" to the House under Article 175(2) regarding the conduct of business.
Under Rule 96 of the Punjab Assembly Rules, an MLA can be suspended for the remainder of the session. In extreme cases of "unethical conduct," the House can vote to expel a member entirely, though this is rare and usually reserved for financial scams or criminal convictions.
No. India does not have a "Right to Recall" law for MLAs or MPs. Once elected, they stay for 5 years unless they resign, die, are disqualified under the Tenth Schedule (anti-defection), or are convicted of a crime with a sentence of 2+ years (Section 8 of the Representation of the People Act, 1951).
Courts are generally prohibited by Article 212 of the Constitution from inquiring into the "irregularity of procedure" of the State Legislature. A PIL might be dismissed unless you can prove that the conduct violated a fundamental right of the citizens or was a constitutional fraud.
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