What are Parliamentary Privileges? Discuss their nature, scope, and constitutional provisions.
Introduction:
The essence of a democratic Parliament lies in its ability to function independently without any
obstruction. To ensure this, the Constitution of India grants certain special rights and immunities to
its members. These are known as Parliamentary Privileges. These privileges protect the freedom,
authority, and dignity of the legislature and its members, enabling them to discharge their functions
without fear or favour.
Definition:
Parliamentary Privileges are special rights, immunities, and exemptions enjoyed by the two Houses
of Parliament, their members, and committees. These are essential for the free and effective
functioning of the legislative body.
Nature and Scope:
Parliamentary privileges can be classified into two broad categories:
1. Collective Privileges of the House:
• Right to publish reports, debates, and proceedings.
• Right to exclude strangers from the House and hold secret sittings.
• Right to make rules for its own proceedings.
• Power to punish members or outsiders for breach of privilege or contempt.
• Freedom from interference by the judiciary in internal matters of the House.
2. Individual Privileges of Members:
• Freedom of speech in Parliament (Art. 105(1)); cannot be questioned in any court.
• Freedom from arrest in civil cases during the session and 40 days before/after (does not
apply to criminal cases).
• Exemption from attendance as witness in court during Parliamentary sessions.
• Right to refuse to give evidence regarding matters that occur in the House.
Constitutional Provisions:
1. Article 105 (for Parliament):
• (1) Grants freedom of speech in Parliament.
• (2) No liability in any court for anything said or voted in Parliament.
• (3) Powers and privileges to be defined by Parliament (until then, same as in the House of
Commons, UK).
• (4) These apply to persons who have the right to speak and take part in the proceedings.
2. Article 194 (for State Legislatures):
• Mirrors Article 105 and provides similar privileges to members of state legislatures.
Important Judgments:
Keshav Singh Case (1965):
A person was imprisoned by the U.P. Legislative Assembly for contempt. The Allahabad High Court
ordered his release, leading to a constitutional crisis. The Supreme Court held that legislatures are
subject to constitutional limitations, and courts can intervene in case of malafide exercise of
privileges.
P.V. Narasimha Rao Case (1998):
The Supreme Court ruled that MPs are immune from criminal proceedings for anything said or a
vote given in Parliament. However, this immunity does not extend to taking bribes for such votes.
Breach of Privilege:
A breach occurs when any individual or authority disregards or attacks the privileges of the House or
its members. Common examples:
• Publishing defamatory reports about members.
• Obstructing MPs from attending Parliament.
• Disobedience to orders or summons of the House.
The House can:
• Issue warnings,
• Order imprisonment,
• Suspend or expel members.
Need for Codification:
Parliamentary privileges are partly defined and partly based on conventions. The undefined nature
leads to:
• Misuse or arbitrary application,
• Lack of clarity for citizens,
• Conflict with fundamental rights (e.g., right to freedom of expression).
Thus, there is growing demand for codification of privileges to ensure transparency and
accountability.
Conclusion:
Parliamentary privileges are a vital part of the democratic framework, protecting the integrity and
independence of the legislature. However, these powers must be used responsibly and harmonised
with constitutional values, especially fundamental rights. The time has come to define and codify
these privileges to avoid misuse and promote transparency.
One-Line Summary:
Parliamentary privileges ensure free legislative functioning but must be exercised within
constitutional limits and ideally be codified for clarity and accountability.
