The Indian Parliament: Privileges to Powers
The Indian Parliament: Privileges and Powers
The Indian Parliament, comprising the Lok Sabha and the Rajya Sabha, enjoys certain special privileges and powers essential for the effective discharge of its functions. These privileges are akin to the powers of Parliament in the UK and are meant to protect the dignity, independence, and functioning of the legislature.
1. Meaning of Parliamentary Privileges
Parliamentary privileges refer to special rights, immunities, and exemptions enjoyed by Parliament and its members so they can perform their functions without undue interference.
These privileges are necessary to uphold the sovereignty of Parliament, maintain discipline within the House, and protect members from outside influences.
2. Source of Parliamentary Privileges
The powers and privileges of the Indian Parliament are derived from:
Article 105 of the Constitution of India (Privileges of Members of Parliament)
Article 194 (Privileges of Members of State Legislatures)
Rules of Procedure and Conduct of Business in Parliament
Parliamentary conventions and judicial interpretations
3. Categories of Parliamentary Privileges
The privileges can be broadly classified into:
a) Collective Privileges (Privileges of the House)
Freedom of speech in Parliament (Article 105(1))
Right to regulate its own procedure
Right to punish for breach of privilege or contempt
Freedom from interference by courts in legislative functions
Right to exclude strangers from proceedings
b) Individual Privileges (Privileges of Members)
Freedom of speech and expression in Parliament without fear of legal action
Immunity from arrest in civil cases during the session and 40 days before and after (not applicable to criminal cases)
Exemption from jury service and attendance as witnesses
4. Scope of Powers and Privileges
The freedom of speech (Article 105(1)) means members can speak freely in Parliament without the risk of defamation suits or other legal actions.
No member can be arrested in civil cases during the session and 40 days around it, ensuring they are available to attend Parliament.
Parliament has the power to punish for breach of privilege or contempt, which may include fines, imprisonment, or suspension.
5. Judicial Interpretation and Limitations
The courts have recognized parliamentary privileges but also imposed some checks to prevent misuse.
Important Case Laws on Parliamentary Privileges
R.S. Nayak v. A.R. Antulay (1984)
The Supreme Court held that parliamentary privilege cannot be used to violate fundamental rights.
Privileges are subject to constitutional limitations, and members do not have absolute immunity.
The Court emphasized the need to balance privileges with fundamental rights, particularly the right to life and liberty.
Keshav Singh v. Speaker, Vidhan Sabha (1965)
The Court ruled that the power of Parliament or state legislatures to punish for contempt or breach of privilege is limited and subject to judicial review.
Arbitrary exercise of these powers can be challenged in court.
Rupa Ashok Hurra v. Ashok Hurra (2002)
It was held that freedom of speech in Parliament cannot be used to make scurrilous or defamatory remarks.
The privilege does not mean complete immunity from action outside Parliament if it affects public order or morality.
Union of India v. S.L. Apte (1962)
The Supreme Court upheld the legislature’s power to punish for breach of privilege, observing that this power is necessary for the effective functioning of Parliament.
6. Limitations on Parliamentary Privileges
Privileges cannot violate fundamental rights guaranteed under the Constitution.
They cannot be used as a shield for criminal acts or misconduct.
Privileges are limited to acts done in the course of parliamentary proceedings.
Courts can intervene if privileges are manifestly arbitrary or mala fide.
7. Procedure for Enforcement of Privileges
A privilege motion can be moved by any member alleging breach of privilege.
The motion is examined by the Privileges Committee, which investigates and recommends action.
The House can decide on the matter, including punishment like suspension or imprisonment.
8. Significance of Parliamentary Privileges
They protect the independence and dignity of the legislature.
Ensure members can perform their duties without fear or favor.
Prevent external interference in parliamentary affairs.
Maintain discipline and decorum within the House.
Summary Table
| Aspect | Details |
|---|---|
| Constitutional Provision | Article 105 |
| Types of Privileges | Collective and Individual |
| Freedom of Speech | Absolute in Parliament, subject to constitutional limits |
| Immunity from Arrest | In civil cases during sessions + 40 days before/after |
| Punishment for Breach | Parliament can punish for contempt/privilege breaches |
| Judicial Review | Limited but can intervene if privileges abused |
| Key Limitations | Must not violate fundamental rights, no immunity for criminal acts |
Conclusion
The powers and privileges of the Indian Parliament are essential for its effective functioning and independence. While the Constitution grants wide powers, these are not absolute and are subject to constitutional safeguards and judicial scrutiny. The balance ensures Parliament’s dignity while protecting citizens’ fundamental rights.
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