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Letterhead - Legal Opinion on Whether Ordinary Crimes Attract Parliamentary Privilege (1)

Letterhead - Legal Opinion on Whether Ordinary Crimes Attract Parliamentary Privilege (1)

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Published by: pawan2225 on May 09, 2013
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05/09/2013

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K.V.DHANANJAY
B.Com, LL.BADVOCATENo.127, Lawyers ChambersSupreme Court of IndiaNew Delhi 110 001dhananjaylegal@gmail.com+91 99105 77765+91 99029 09390Page
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Date: 21-Feb-2012 To1.
 
Sri. Anand R. YadwadS/o. RachappaAged 39 yearsResiding at: # 11, 8
th
‘A’ Block,Nandi Gardens, J.P.Nagar,9
th
Phase, Bangalore – 560 062.2.
 
Sri. Deepak C.NS/o Nagaraju C.MAged 33 yearsResiding at: F-723, 13
th
Cross,1
st
Phase, BEL Layout,Bharathnagar,Bangalore – 560 091.
Subject: 
Legal opinion sought by you on whether “ordinary crimes committed inside the Karnataka Legislative Assembly attract and are protected by ‘parliamentary privileges’?” 
Dear Sir1.
 
 The subject of ‘parliamentary privilege’ is often misunderstood.2.
 
Commission of ‘ordinary crimes’ inside the Legislative Assembly of a State cannot and has never attracted ‘privileges’.
 
 
K.V.DHANANJAY
B.Com, LL.BADVOCATENo.127, Lawyers ChambersSupreme Court of IndiaNew Delhi 110 001dhananjaylegal@gmail.com+91 99105 77765+91 99029 09390Page
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3.
 
 The Constitution of India has deemed it essential and desirableto confer on the Parliament of India and to the Legislature of each of the States, privileges to the same extent as were availableto the British House of Commons as on the date of coming intoforce of the Constitution of India.4.
 
Article 105 of the Constitution primarily deals with the issue of ‘privileges’ and ‘immunities’ of the Parliament. It says:
105. Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.(2) No member of Parliament shall be liable to any  proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof,and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.(3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined, shall be those of that House and of its members and committees immediately before the coming into force of 
 
 
K.V.DHANANJAY
B.Com, LL.BADVOCATENo.127, Lawyers ChambersSupreme Court of IndiaNew Delhi 110 001dhananjaylegal@gmail.com+91 99105 77765+91 99029 09390Page
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section 15 of the Constitution (Forty-fourth Amendment) Act,1978.(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the  proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament.
5.
 
Originally, Article 105(3) stood as under:
105 (3). In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may  from time to time be defined by Parliament by law and until so defined,
shall be those of the House of Commons of the Parliament of the United Kingdom, and of its members and committees, at the commencement of this Constitution.
 
6.
 
However, the 44
th
Amendment to the Constitution substitutedthe highlighted part in the aforesaid provision with the followingwords:
“shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty Fourth Amendment) Act, 1978”.

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