- Parliamentary privilege refers to rights and immunities enjoyed by Parliament as an institution and MPs in their individual capacity, without which they cannot discharge their functions as entrusted upon them by the Constitution.
- The powers, privileges and immunities of either House of the Indian Parliament and of its Members and committees are laid down in Article 105 of the Constitution.
- Parliament has the right to publish its reports, debates and proceedings and also the right to prohibit others from publishing the same.
- It can exclude strangers from its proceedings and hold secret sittings to discuss some important matters.
- It can make rules to regulate its procedure and the conduct of its business.
- It can punish members as well as outsiders for breach of its privileges.
- It has the right to receive immediate information about the arrest, detention, conviction, imprisonment and release of a member.
- The courts are prohibited from inquiring into the proceedings of a House or its committees.
- No person (either a member or outsider) can be arrested, and no legal process (civil or criminal) can be served within the House without the permission of the presiding officer.
Individual Privileges
- Members of Parliament cannot be arrested during the session of Parliament and 40 days before the beginning and 40 days after the end of a session.
- This privilege is available only in civil cases and not in criminal cases or preventive detention cases.
- They have freedom of speech in Parliament. No member is liable to any proceedings in any court for anything said or any vote given by him in Parliament or its committees.
- They are exempted from jury service. They can refuse to give evidence and appear as a witness in a case pending in a court when Parliament is in session.
What is breach of privilege?
- There are no clear, notified rules to decide what constitutes a breach of privilege, and the punishment it attracts.
- Any act that obstructs or impedes either House of the state legislature in performing its functions, or which obstructs or impedes any Member or Officer of such House in the discharge of his duty, or has a tendency, directly or indirectly, to produce such results is treated as a breach of privilege.
- E.g. It is a breach of privilege and contempt to print or publish libel reflecting on the character or proceedings of the House or its Committees or on any member of the House for or relating to his character or conduct as a legislator.
Sources of Privileges
- Constitutional Provisions.
- For Parliament (Union Legislature): Article 105 outlines the freedom of speech in Parliament, immunity from legal proceedings for statements made or votes cast, and the power of Parliament to define its other privileges.
- For State Legislatures: Article 194 grants parallel powers, privileges, and immunities to the members and committees of state legislative assemblies.
- Various Laws Made by Parliament
- Code of Civil Procedure, 1908 (Section 135A): Grants members freedom from arrest and detention under civil process during the continuance of a meeting of the House or its committees, and for 40 days before and after such meetings.
- Rules of both the Houses
- Under Article 118 (for Parliament) and Article 208 (for State Legislatures), each House is empowered to make rules to regulate its own procedure and conduct of business.
- Parliamentary conventions.
- Judicial Interpretations
Source: The Indian Express