The enactment of the Khyber Pakhtunkhwa Provincial Assembly (Powers, Immunities and Privileges) Act, 2026, granting lawmakers expanded benefits, has sparked intense public backlash and a subsequent government review.

Undoubtedly within the framework of the Constitution, the Provincial Assembly is all competent to legislate on its own powers, immunities and privileges. Articles 66 and 127 of the Constitution expressly outlines that jurisdiction. Parliamentary privilege is not just a concession derived from the Executive, but a constitutional safeguard meant to ensure the independence of the Legislature, enabling the elected representatives to perform their duties without fear or external interference.

However, the Constitution imposes limits, subjecting actions to constitutional scrutiny and by independent watchdogs. All organs of the state, including parliament and the provincial assemblies, derive their authority from the Constitution and are to exercise that authority within the orbit of Constitution. In this perspective, the distinction between institutional privileges and personal privileges becomes all the more important.

Institutional privileges meant to protect the independent functioning of the Legislature are essential. Freedom of speech within the House, immunity for votes cast, protection against intimidation while attending legislative proceedings and the authority to summon witnesses for legitimate legislative purposes are recognised features of parliamentary democracy in all the Commonwealth countries.

Personal privileges are of a different nature. Weapon licences for lifetime, exemption from toll taxes, official........

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