Parliamentary privileges refer to the special rights, immunities, and exemptions enjoyed by the two Houses of Parliament, their committees, their members, and those persons who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees.

Sources of Parliamentary Privileges

• Constitutional provisions
  • Article 105
  • Article 122
  • Article 194
  • Article 212
• Various laws made by Parliament.
• Rules of both the Houses.
• Parliamentary conventions.
• Judicial interpretations

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.

Collective Privileges

• 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 to inquire 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.

Source: The Hindu