Congress leader Rahul Gandhi, Priyanka Gandhi Vadra and several Opposition MPs were detained by Delhi Police on Tuesday (Jul 21) while marching towards Prime Minister Narendra Modi's residence. Political reactions followed the detention of top Opposition leaders, with the Opposition accusing the government of throttling democracy. The BJP has defended the police action as a law-and-order measure, but beyond the politics, the incident has revived an old constitutional question.Can the police detain a Member of Parliament while Parliament is in session? Does the Speaker's permission have to be taken first? And what exactly do parliamentary privileges protect?WION Decodes what the rules actually say.<h2>Can an MP be detained during a Parliament session?</h2>Yes, contrary to a common misconception, an MP can be arrested or detained while Parliament is in session. There is no legal requirement for the police to seek prior permission from the Lok Sabha Speaker or the Rajya Sabha Chairman before detaining an MP outside Parliament premises.Also read | <a href="https://www.wionews.com/india-news/this-should-not-happen-in-a-democracy-shashi-tharoor-slams-detention-of-rahul-gandhi-priyanka-gandhi-after-protest-outside-pm-modi-s-residence-1784684704207">'This should not happen in a democracy': Shashi Tharoor slams detention of Rahul Gandhi, Priyanka Gandhi after protest outside PM Modi's residence</a>However, that is only half the rule. Once an MP is arrested or detained, the concerned authority must immediately inform the Speaker or Chairman, giving details of the detention, the reasons and the place where the MP is being held.The presiding officer then communicates the information to the House, usually through a parliamentary bulletin.<h2>When is the Speaker's permission required?</h2>This is where many people get confused. Permission from the Speaker is required only if an arrest or detention takes place within the Parliament precincts. Outside Parliament, police do not need prior approval to act if they are exercising powers available under law.That distinction is central to the current debate because Rahul Gandhi and other Opposition leaders were detained during a protest near Lok Kalyan Marg, not inside Parliament.<h2>What are parliamentary privileges?</h2>Parliamentary privileges are often misunderstood as legal immunity. However, they are not. The privileges granted to MPs by the Indian Constitution are intended to ensure that MPs can perform their legislative functions independently without outside interference.They primarily protect the freedom of speech inside Parliament, voting in the House, participation in parliamentary proceedings and committee work. Notably, they do not provide blanket immunity from criminal law or police action outside Parliament.<h2>Does parliamentary privilege extend to protests?</h2>Generally, no. Political rallies, marches and demonstrations outside Parliament are not covered by parliamentary privilege.Like any other citizen, MPs participating in public protests may be detained if police believe they are acting under powers available in law. The constitutional protection is linked to parliamentary functions, not political activity outside the House.Also read | <a href="https://www.wionews.com/india-news/shocked-the-conscience-of-nation-congress-moves-adjournment-motions-in-lok-sabha-over-neet-paper-leak-police-action-on-student-protesters-1784694334862">'Shocked the conscience of nation': Congress moves motion in Lok Sabha to force Dharmendra Pradhan's statement and resignation</a><h2>So was LoP Rahul Gandhi's detention legal?</h2>That depends on how the detention was carried out. The parliamentary rules make two things clear: Police can detain an MP outside Parliament without obtaining prior permission from the Speaker; They must inform the Speaker or Chairman immediately after the detention.Whether Delhi Police complied with those procedural requirements, and whether the detention itself was justified on law-and-order grounds, are separate questions that could become matters for parliamentary scrutiny or judicial review.The rules themselves do not automatically make the detention either legal or illegal.<h2>The Engineer Rashid case: Can an MP serve while in custody?</h2>The debate over Rahul Gandhi's detention is not the first time questions have been raised about an MP's legal status while Parliament is in session. One of the most prominent examples is Sheikh Abdul Rashid, popularly known as Engineer Rashid, the Lok Sabha MP from Jammu and Kashmir's Baramulla constituency.Rashid has been lodged in Delhi's Tihar Jail since 2019 after being arrested by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA) in connection with a 2017 terror-funding case. Notably, despite being in judicial custody, he contested and won the 2024 Lok Sabha election from Baramulla, becoming one of the few sitting MPs to serve while incarcerated.Earlier this week, a Delhi court granted him custody parole to attend the Monsoon Session of Parliament under police escort. During the ongoing session (on 21 July 2026), Rashid staged a symbolic barefoot protest and observed a one-day hunger strike inside the Lok Sabha, demanding a time-bound dialogue on Jammu and Kashmir, restoration of statehood, restoration of Article 370 and the release of political prisoners.<h2>Why does this matter?</h2>The RaGa and Engineer Rashid episodes highlight the balance that India's constitutional framework tries to maintain. On one hand, Members of Parliament are elected representatives who enjoy certain privileges to ensure Parliament functions independently. On the other, those privileges are not meant to place MPs above ordinary law enforcement when they are outside Parliament.

The detention of Rahul Gandhi and other Opposition MPs has revived questions over parliamentary privilege. Does the Indian Constitution allow police to detain MPs without prior permission from the Speaker? WION Decodes.

Congress leader Rahul Gandhi, Priyanka Gandhi Vadra and several Opposition MPs were detained by Delhi Police on Tuesday (Jul 21) while marching towards Prime Minister Narendra Modi's residence. Political reactions followed the detention of top Opposition leaders, with the Opposition accusing the government of throttling democracy. The BJP has defended the police action as a law-and-order measure, but beyond the politics, the incident has revived an old constitutional question. Can the police detain a Member of Parliament while Parliament is in session? Does the Speaker's permission have to be taken first? And what exactly do parliamentary privileges protect? WION Decodes what the rules actually say. Can an MP be detained during a Parliament session? Yes, contrary to a common misconception, an MP can be arrested or detained while Parliament is in session. There is no legal requirement for the police to seek prior permission from the Lok Sabha Speaker or the Rajya Sabha Chairman before detaining an MP outside Parliament premises. Also read | 'This should not happen in a democracy': Shashi Tharoor slams detention of Rahul Gandhi, Priyanka Gandhi after protest outside PM Modi's residence However, that is only half the rule. Once an MP is arrested or detained, the concerned authority must immediately inform the Speaker or Chairman, giving details of the detention, the reasons and the place where the MP is being held. The presiding officer then communicates the information to the House, usually through a parliamentary bulletin. When is the Speaker's permission required? This is where many people get confused. Permission from the Speaker is required only if an arrest or detention takes place within the Parliament precincts. Outside Parliament, police do not need prior approval to act if they are exercising powers available under law. That distinction is central to the current debate because Rahul Gandhi and other Opposition leaders were detained during a protest near Lok Kalyan Marg, not inside Parliament. What are parliamentary privileges? Parliamentary privileges are often misunderstood as legal immunity. However, they are not. The privileges granted to MPs by the Indian Constitution are intended to ensure that MPs can perform their legislative functions independently without outside interference. They primarily protect the freedom of speech inside Parliament, voting in the House, participation in parliamentary proceedings and committee work. Notably, they do not provide blanket immunity from criminal law or police action outside Parliament. Does parliamentary privilege extend to protests? Generally, no. Political rallies, marches and demonstrations outside Parliament are not covered by parliamentary privilege. Like any other citizen, MPs participating in public protests may be detained if police believe they are acting under powers available in law. The constitutional protection is linked to parliamentary functions, not political activity outside the House. Also read | 'Shocked the conscience of nation': Congress moves motion in Lok Sabha to force Dharmendra Pradhan's statement and resignation So was LoP Rahul Gandhi's detention legal? That depends on how the detention was carried out. The parliamentary rules make two things clear: Police can detain an MP outside Parliament without obtaining prior permission from the Speaker; They must inform the Speaker or Chairman immediately after the detention. Whether Delhi Police complied with those procedural requirements, and whether the detention itself was justified on law-and-order grounds, are separate questions that could become matters for parliamentary scrutiny or judicial review. The rules themselves do not automatically make the detention either legal or illegal. The Engineer Rashid case: Can an MP serve while in custody? The debate over Rahul Gandhi's detention is not the first time questions have been raised about an MP's legal status while Parliament is in session. One of the most prominent examples is Sheikh Abdul Rashid, popularly known as Engineer Rashid, the Lok Sabha MP from Jammu and Kashmir's Baramulla constituency. Rashid has been lodged in Delhi's Tihar Jail since 2019 after being arrested by the National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA) in connection with a 2017 terror-funding case. Notably, despite being in judicial custody, he contested and won the 2024 Lok Sabha election from Baramulla, becoming one of the few sitting MPs to serve while incarcerated. Earlier this week, a Delhi court granted him custody parole to attend the Monsoon Session of Parliament under police escort. During the ongoing session (on 21 July 2026), Rashid staged a symbolic barefoot protest and observed a one-day hunger strike inside the Lok Sabha, demanding a time-bound dialogue on Jammu and Kashmir, restoration of statehood, restoration of Article 370 and the release of political prisoners. Why does this matter? The RaGa and Engineer Rashid episodes highlight the balance that India's constitutional framework tries to maintain. On one hand, Members of Parliament are elected representatives who enjoy certain privileges to ensure Parliament functions independently. On the other, those privileges are not meant to place MPs above ordinary law enforcement when they are outside Parliament.

The detention of Rahul Gandhi and other Opposition MPs has revived questions over parliamentary privilege. Does the Indian Constitution allow police to detain MPs without prior permission from the Speaker? WION Decodes.

Was Rahul Gandhi's detention during Parliament monsoon session illegal? What the law actually says | WION Decodes

Member of Parliament from North Kashmir's Baramulla, Engineer Rashid, has hinted at a possible retreat from active electoral politics, saying his struggle is rooted in the pursuit of human dignity, reconciliation, and healing.Sheikh Abdul Rashid, better known as Engineer Rashid, said years of imprisonment and prolonged political upheaval had taken a profound toll on both his personal life and political journey. The Awami Ittehad Party (AIP) leader, who has been lodged in Delhi’s Tihar Jail since 2019 in connection with a terror-funding case, while delivering an emotional address at his father’s funeral, indicated that he may step away from active electoral politics in the future. &nbsp;Also read | <a href="https://www.wionews.com/world/-corruption-in-plain-sight-trump-and-family-get-forever-shield-from-irs-audits-after-hush-hush-settlement-all-you-need-to-know-1779253991583">'Corruption in plain sight': Trump and family get ‘FOREVER’ shield from IRS audits after hush-hush settlement. All you need to know</a>“I may not contest elections again. Politics has exacted a heavy personal cost, and my struggle has never been for power, but for the dignity and aspirations of the people of Jammu and Kashmir,” said Rashid.The parliamentarian, who contested the 2024 Lok Sabha elections from prison and emerged victorious from the Baramulla constituency, said his political struggle had never been confined to the restoration of Article 370 or the demand for statehood alone. Rather, he framed it as a broader quest for dignity, justice, reconciliation, and peaceful coexistence for the people of Jammu and Kashmir.Also read | <a href="https://www.wionews.com/world/meta-told-employees-to-work-from-home-then-began-firing-thousands-inside-mark-zuckerberg-s-company-s-shocking-8-000-job-purge-1779257531155">Meta told employees to WFH, then began firing thousands: Inside company's shocking 8,000-job purge</a>Rashid used the occasion to underline what he described as the need for a more compassionate political environment in Jammu and Kashmir, saying democracy must be driven by dialogue and differing viewpoints rather than intimidation or hostility. He said the years spent behind bars and the hardships endured by his family had only deepened his conviction in his political beliefs.The MP also revealed that he was initially reluctant to seek interim bail to attend his father’s funeral but eventually agreed after persistent persuasion from relatives and close associates.Appealing for a shift in the government’s approach toward detained youth in the region, Rashid stressed that enduring peace could only emerge through reconciliation, empathy and the restoration of public trust. He argued that continued dependence on detentions and stringent laws risked widening the sense of alienation, and urged authorities to prioritise outreach and engagement over coercive measures.

Engineer Rashid said his political struggle had never been confined to the restoration of Article 370 or the demand for statehood alone. Rather, he framed it as a broader quest for dignity, justice, reconciliation, and peaceful coexistence for the people of Jammu and Kashmir.

Member of Parliament from North Kashmir's Baramulla, Engineer Rashid, has hinted at a possible retreat from active electoral politics, saying his struggle is rooted in the pursuit of human dignity, reconciliation, and healing. Sheikh Abdul Rashid, better known as Engineer Rashid, said years of imprisonment and prolonged political upheaval had taken a profound toll on both his personal life and political journey. The Awami Ittehad Party (AIP) leader, who has been lodged in Delhi’s Tihar Jail since 2019 in connection with a terror-funding case, while delivering an emotional address at his father’s funeral, indicated that he may step away from active electoral politics in the future. Also read | 'Corruption in plain sight': Trump and family get ‘FOREVER’ shield from IRS audits after hush-hush settlement. All you need to know “I may not contest elections again. Politics has exacted a heavy personal cost, and my struggle has never been for power, but for the dignity and aspirations of the people of Jammu and Kashmir,” said Rashid. The parliamentarian, who contested the 2024 Lok Sabha elections from prison and emerged victorious from the Baramulla constituency, said his political struggle had never been confined to the restoration of Article 370 or the demand for statehood alone. Rather, he framed it as a broader quest for dignity, justice, reconciliation, and peaceful coexistence for the people of Jammu and Kashmir. Also read | Meta told employees to WFH, then began firing thousands: Inside company's shocking 8,000-job purge Rashid used the occasion to underline what he described as the need for a more compassionate political environment in Jammu and Kashmir, saying democracy must be driven by dialogue and differing viewpoints rather than intimidation or hostility. He said the years spent behind bars and the hardships endured by his family had only deepened his conviction in his political beliefs. The MP also revealed that he was initially reluctant to seek interim bail to attend his father’s funeral but eventually agreed after persistent persuasion from relatives and close associates. Appealing for a shift in the government’s approach toward detained youth in the region, Rashid stressed that enduring peace could only emerge through reconciliation, empathy and the restoration of public trust. He argued that continued dependence on detentions and stringent laws risked widening the sense of alienation, and urged authorities to prioritise outreach and engagement over coercive measures.

Engineer Rashid said his political struggle had never been confined to the restoration of Article 370 or the demand for statehood alone. Rather, he framed it as a broader quest for dignity, justice, reconciliation, and peaceful coexistence for the people of Jammu and Kashmir.

Baramulla MP Engineer Rashid says politics took heavy personal toll, signals possible retreat from polls

Lok Sabha Election 2024: In a shocker, Sheikh Abdul Rashid, aka Engineer Rashid,&nbsp;defeated veteran politician Omar Abdullah in Jammu and Kashmir in the Lok Sabha Election 2024.&nbsp;

The Bharatiya Janata Party-led National Democratic Alliance (NDA) crossed the majority mark in early leads and is likely to form a government for the next five years.&nbsp;

But results of some constituencies have shocked the nation. One such outcome was Baramulla where Omar Abdullah was expected to win, but he lost to Engineer Rashid of Awami Itihad Party (AIP).&nbsp;

Also read:&nbsp;<a href="https://www.wionews.com/business-economy/indian-shares-suffer-worst-session-in-four-years-amid-election-uncertainty-728610">Indian stock market suffers worst session in four years amid election uncertainty</a>&nbsp;

<h2>Who is Sheikh Abdul Rashid?&nbsp;</h2>

Sheikh Abdul Rashid is a former two-time MLA and heads the Awami Ittehad Party. He contested the Lok Sabha Election 2024 as an Independent. He had unsuccessfully contested the parliamentary elections in 2019.&nbsp;

He is currently lodged in Delhi's Tihar Jail in a terror-funding case. He filed nomination from jail.&nbsp;

He was arrested by India's counter-terrorism law enforcement agency, the National Investigation Agency (NIA), in 2019 on charges of terror-funding activities. He became the first mainstream leader to be held under the Unlawful Activities (Prevention) Act.&nbsp;

Earlier, he had won the Langate assembly segment in 2008 and 2014.&nbsp;

Also read:&nbsp;<a href="https://www.wionews.com/india-news/suresh-gopi-bjp-set-to-open-account-in-kerala-as-candidate-leads-thrissur-seat-728642">Actor Suresh Gopi opens BJP’s open account in Kerala, wins Thrissur constituency by 74,686 votes</a>&nbsp;

Watch this report:&nbsp;

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<h2>Former chief ministers concede&nbsp;defeat&nbsp;</h2>

Former chief ministers Omar Abdullah and Mehbooba Mufti conceded defeat in the Lok Sabha elections on Tuesday. Mufti had contested from the Anantnag–Rajouri seat.&nbsp;

Mufti taking to&nbsp;X wrote:&nbsp;"Respecting the verdict of the people I thank my PDP workers &amp; leaders for their hard work &amp; support despite all the odds. My deepest gratitude to the people who voted for me. Winning &amp; losing is part of the game &amp; wont deter us from our path."&nbsp;

While&nbsp;Abdullah wtaking to the microblogging site wrote: "To my @JKNC_ colleagues @RuhullahMehdi &amp; Mian Altaf Sb my heartfelt congratulations. I'm sorry I won't be joining them in the Lok Sabha but I'm sure both of them will do an amazing job representing the people of J&amp;K."&nbsp;

(With inputs from agencies)&nbsp;

Lok Sabha Election 2024: In a shocker, Sheikh Abdul Rashid, aka Engineer Rashid, defeated veteran politician Omar Abdullah in Jammu and Kashmir in the Lok Sabha Election 2024.

Lok Sabha Election 2024: In a shocker, Sheikh Abdul Rashid, aka Engineer Rashid, defeated veteran politician Omar Abdullah in Jammu and Kashmir in the Lok Sabha Election 2024. The Bharatiya Janata Party-led National Democratic Alliance (NDA) crossed the majority mark in early leads and is likely to form a government for the next five years. But results of some constituencies have shocked the nation. One such outcome was Baramulla where Omar Abdullah was expected to win, but he lost to Engineer Rashid of Awami Itihad Party (AIP). Also read: Indian stock market suffers worst session in four years amid election uncertainty Who is Sheikh Abdul Rashid? Sheikh Abdul Rashid is a former two-time MLA and heads the Awami Ittehad Party. He contested the Lok Sabha Election 2024 as an Independent. He had unsuccessfully contested the parliamentary elections in 2019. He is currently lodged in Delhi's Tihar Jail in a terror-funding case. He filed nomination from jail. He was arrested by India's counter-terrorism law enforcement agency, the National Investigation Agency (NIA), in 2019 on charges of terror-funding activities. He became the first mainstream leader to be held under the Unlawful Activities (Prevention) Act. Earlier, he had won the Langate assembly segment in 2008 and 2014. Also read: Actor Suresh Gopi opens BJP’s open account in Kerala, wins Thrissur constituency by 74,686 votes Watch this report: × Former chief ministers concede defeat Former chief ministers Omar Abdullah and Mehbooba Mufti conceded defeat in the Lok Sabha elections on Tuesday. Mufti had contested from the Anantnag–Rajouri seat. Mufti taking to X wrote: "Respecting the verdict of the people I thank my PDP workers & leaders for their hard work & support despite all the odds. My deepest gratitude to the people who voted for me. Winning & losing is part of the game & wont deter us from our path." While Abdullah wtaking to the microblogging site wrote: "To my @JKNC_ colleagues @RuhullahMehdi & Mian Altaf Sb my heartfelt congratulations. I'm sorry I won't be joining them in the Lok Sabha but I'm sure both of them will do an amazing job representing the people of J&K." (With inputs from agencies)

Who is Sheikh Abdul Rashid, who beat veteran leader Omar Abdullah in Jammu and Kashmir's Baramulla seat

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Was Rahul Gandhi's detention during Parliament monsoon session illegal? What the law actually says | WION Decodes

Baramulla MP Engineer Rashid signals possible retreat from polls

Who is Sheikh Abdul Rashid, who beat veteran leader Omar Abdullah in Jammu and Kashmir's Baramulla seat