THE CONCEPT OF PARLIAMENTARY PRIVILEGES
The Concept of Parliamentary Privileges
1. Meaning of Parliamentary Privileges
Parliamentary privileges refer to the special rights, immunities, and exemptions enjoyed by the Parliament, its members, and its committees to enable them to perform their functions effectively and without undue interference.
Privileges ensure the independence of the legislature and protect it from external influences, especially from the executive and judiciary.
2. Purpose of Parliamentary Privileges
To maintain the dignity and authority of Parliament.
To ensure freedom of speech and debate in Parliament.
To protect members from arrest, detention, or legal proceedings in respect of their parliamentary duties.
To allow Parliament to regulate its own internal affairs and discipline its members.
3. Scope of Parliamentary Privileges
Parliamentary privileges in India broadly include:
A. Collective Privileges
Privileges enjoyed collectively by the Houses of Parliament, such as:
Freedom of speech in Parliament.
Power to regulate internal proceedings.
Power to punish for contempt.
Immunity from civil or criminal proceedings for actions done in the course of parliamentary business.
B. Individual Privileges
Privileges enjoyed by individual members, such as:
Freedom from arrest in civil cases during the session of Parliament and 40 days before and after.
Freedom of speech and debate during the sittings of Parliament.
Immunity from being questioned outside Parliament for any speech or vote inside.
4. Constitutional Provisions Related to Parliamentary Privileges
Article 105 of the Indian Constitution
Grants freedom of speech to members in Parliament.
Provides that no member shall be liable to any proceedings in any court for anything said or any vote given in Parliament.
Empowers each House of Parliament to make rules for regulating its procedure and conduct of business and to punish members for breach of privilege or contempt.
Article 194
Similar provisions for the State Legislatures.
5. Sources of Parliamentary Privileges
Constitution of India (mainly Article 105)
Rules of Procedure and Conduct of Business of each House
British Parliamentary Practice (India inherited many privileges from the UK Parliament)
Judicial decisions
6. Key Aspects of Parliamentary Privileges
| Privilege | Explanation |
|---|---|
| Freedom of Speech | Absolute freedom of speech in Parliament without fear of legal action. |
| Freedom from Arrest | Protection from civil arrest during sessions (not applicable to criminal cases). |
| Exemption from Jury Service | Members are exempted from jury service. |
| Control over Internal Proceedings | Parliament controls its own procedure and discipline. |
| Power to Punish for Contempt | Can punish for acts that obstruct or disrespect Parliament. |
7. Limitations on Parliamentary Privileges
They cannot be used to violate fundamental rights.
The privileges are limited to the extent necessary for Parliament’s functioning.
Courts may intervene if privilege is used arbitrarily or abusively.
8. Judicial Interpretation and Case Law
🏛️ Keshav Singh v. Speaker, Legislative Assembly, U.P. (1965)
The Supreme Court held that parliamentary privileges are not absolute and must conform to the Constitution.
It ruled that the power to punish for contempt or breach of privilege is subject to judicial review.
🏛️ Raja Ram Pal v. Hon’ble Speaker, Lok Sabha (2007)
This landmark judgment emphasized that the power of Parliament to punish for breach of privilege is not unlimited.
Parliamentary privileges cannot override the fundamental rights guaranteed by the Constitution.
The court can examine if the action of Parliament violates constitutional guarantees like the right to fair hearing.
🏛️ Maneka Gandhi v. Union of India (1978)
Although not directly on privileges, it stressed that due process must be followed, applicable when privileges are invoked.
🏛️ Union of India v. Harish Uppal (2003)
The Court held that parliamentary privileges must be exercised in accordance with principles of natural justice.
9. Contempt of Parliament vs. Privilege
Contempt is conduct that disrespects or obstructs Parliament.
Breach of privilege may lead to contempt proceedings.
Parliament has the power to punish for contempt and breach of privilege to protect its authority.
10. Significance
Protects members from harassment and ensures independent functioning.
Ensures that members can speak freely on public issues.
Prevents outside interference in legislative functioning.
Maintains dignity and decorum of Parliament.
11. Criticism and Need for Reform
Occasionally, parliamentary privileges have been misused to suppress criticism or avoid judicial scrutiny.
There is a demand for codification of privileges and greater judicial oversight.
Balancing privileges and fundamental rights remains a continuing challenge.
12. Summary Table
| Feature | Details |
|---|---|
| Definition | Special rights and immunities of Parliament and members |
| Constitutional Basis | Article 105 and Article 194 |
| Types | Collective and Individual privileges |
| Scope | Freedom of speech, freedom from arrest (civil), control over procedure |
| Limitations | Subject to Constitution and fundamental rights |
| Judicial Review | Permitted, especially to check abuse of privilege |
| Key Cases | Keshav Singh (1965), Raja Ram Pal (2007), Harish Uppal (2003) |
Conclusion
Parliamentary privileges are essential for the smooth and independent functioning of the legislature. While they grant necessary immunities and powers to lawmakers, these privileges are not absolute and must align with the Constitution and the rights of individuals.
The judiciary has played a critical role in defining the limits and ensuring privileges are not misused, maintaining a balance between parliamentary freedom and constitutional supremacy.
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