1.4 Parliamentary Privilege

Parliamentary Privileges
Satyajit Pattanaik
Faculty, Madhusudan Law
University
Parliamentary Privileges in India
 Some Special Rights, immunity and Powers have been
given to the Parliament Collectively and to its Members
Individually, as compare to the common Citizens. This is
basically known as Parliamentary Privilege.
 Purpose- To Ensure the Independence and Effectiveness
in it’s function of both the Parliament and it’s Members, i.e.
Without any fear and Influence of any other entity.
 Hence, in a parliamentary form of Government, Where
the Parliament is Supreme, such privilege allowing the
parliamentarians to perform their function without the fear
of anything, certainly plays a crucial role.
 Article- 105- Powers, Privileges, etc., of the Houses of the
Parliament and of the Members and Committees thereof.
 Article- 194- Powers, Privileges, etc., of the Houses of the

Legislatures and of the Members and Committees thereof.
Article- 105 (1)
There shall be Freedom of speech in the Parliament.

However, it is subject to the followings;
i. The Provisions of the Constitution,
R/W- Article- 121 – Restriction on Discussion in
Parliament. (Regarding the Conduct of the SC and
HC Judges Except the Impeachment Proceeding)
ii. The Rules and Standing order of the Parliament
Regulating its Procedure.
Article- 105 (2)
The Members of the Parliament shall not be liable to any

Proceedings in any court w.r.t. to the followings, namely;
 Anything said in the Parliament.
 Any vote given in the parliament or any Committees thereof.
 And no Person shall be Liable for - Any Publication of

votes, paper, reports or any proceedings under the
authority of the either house of the Parliament.
Article- 105 (3)
 Such Powers, Privileges and Immunities of each
house of the Parliament, Its members and the
Committees shall be such which are made by the
Parliament by Law.
 Until it is defined, The privileges will be those in
existence prior to the coming into force of Section
15 of the Constitution (44th Amendment) Act, 1978.
i.e. Same as the Privileges for the Houses, Members
and Committees existing in the House of Commons
of the Parliament of England.
Article- 105 (4)
 The privileges and immunities applicable to the
Members of the Parliament shall also be applicable
to any other Persons;
Whom, the Constitution Empowers them to
i. Speak in any House of the Parliament or in any of it’s
Committee thereof,
ii. To take part in the proceeding of any House of the
Parliament or in any of it’s Committee.
E.g.- The Attorney General
Union Minister i.e. (The Council of Ministers)
Article- 88 of the Indian Constitution.
(No Voting Right )
The Parliamentary Privileges can be divided into
two categories, Namely;
1. Collective Privileges (By the Parliament)
2. Individual Privileges (By its members and
other persons empowered by the Constitution of
India)
Collective Privileges
1. Can make Rules for Publication of any Papers, Votes and
Proceedings of Parliament.
2. Can frame its own Rules of Procedure and Conduct of
Business.
3. Power to Exclude Strangers, in case of secret Proceedings

in the Parliament and likewise.
4. Exclude Interference of the Court. R/W- Art. 122 of the

COI.
5. Inquiry on it’s Members.

6. Punishment for Contempt.
i. For Breach of Privilege.
ii. Any action for Polluting Dignity and Authority.
iii.Wilful disobedience of the legitimate order of the Houses
of the Parliament.
7. Right to receive information w.r.t Arrest, Detention

of the MPs.
8. Can make laws as to Arrest/ Summon – only by the
permission of the Presiding officer i.e. the speaker of
Individual Privilege
 Protection From Arrest
Section- 135- A of the Code of Civil Procedure,
1908.
- 40 days---- Session ---- +40 days
 Freedom of Speech.
 Exempted from Jury Service,
 Can refuse to give Evidence and refuse to appear
in Court of law ( During the Pendency of the case
of the Parliament is in session)
Judicial Decisions
1. MSM Sharma v. Sri Krishna Sinha (1959 AIR 395)
It was Interpreted that the FOS in 105(1) is subject to the provisions of the
Constitution, that means, the provisions of Part V of the COI such as
Art. 121, i.e. No discussion regarding the conduct of the Judge can take
place in the houses of the Parliament, Except the Impeachment
Proceeding.
And the Rules and standing Order regulating the procedure will also be a
kind of regulatory instrument to FOS which prohibits the usages of
unparliamentary Language or showing unparliamentary Conduct etc.
In the case of Jatish Chandra Ghosh v. Harisadhan
Mukharjee (1961 AIR 613)
It was held that, if a Parliamentarian speaks

something defamatory outside the house of the
Parliament, he won’t be immuned under the said
Provision.
MSM Sharma v. Sri Krishna Sinha (1959 AIR 395)
With respect to the power of publication of proceeding of the house, in
this case it was held that, Disobeying the order not to publish certain
part of the proceeding of the house, it was published in a news paper.
The editor of the N.P contended that the House of commons has no
power to order to expunge certain part of the proceeding of the
house.
This Contention was negated by the S.C and held that the House of
Commons, since the commencement of the constitution has this
power to expunge certain part of the proceeding even if it is true.
• Thereafter, with the advent of 44th Amendment to
the COI, Art. 361 – A was incorporated in the COI,
stating that No person shall be liable for any
proceeding whether Criminal or Civil for the
publication of the proceeding of house, unless it is
proved to have done with malice.
• However, it is not applicable to the secret
proceeding of the Parliament.
Thank You
For Your Patience
And
Understanding.

1.4 Parliamentary Privilege

Uploaded by

Copyright:

Available Formats

1.4 Parliamentary Privilege

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

1.4 Parliamentary Privilege

Uploaded by

Copyright:

Available Formats

Parliamentary Privileges

 Article- 194- Powers, Privileges, etc., of the Houses of the

There shall be Freedom of speech in the Parliament.

The Members of the Parliament shall not be liable to any

 Any vote given in the parliament or any Committees thereof.

 And no Person shall be Liable for - Any Publication of

3. Power to Exclude Strangers, in case of secret Proceedings

4. Exclude Interference of the Court. R/W- Art. 122 of the

5. Inquiry on it’s Members.

7. Right to receive information w.r.t Arrest, Detention

It was held that, if a Parliamentarian speaks

You might also like