ABSTRACT

Indian constitution is one of the lengthiest constitutions of the world. It almost contains
everything that an ideal constitution should have. My topic of research also finds a place in
the Indian constitution under Article 105 which defines the privileges of the both houses of
the parliament. Article 105 (1) defines that there should be freedom of speech in the
parliament. Art 105(2) defines that no person should be liable to any proceedings in court for
anything said inside the parliament or for anything published under the authority of either
house of the parliament. Art 105(3) states that all the privileges shall be passed by the
parliament by law from time to time.
The member of the parliament enjoys a variety of privileges and immunities. These rights are
given to them with the view to enabling them to act and discharge their responsibility
effectively without interference. Privileges are conferred on each house so that it may
vindicate its authority, prestige and power and protect its members from obstruction in the
performance of their parliamentary functions.
The various privileges or immunities are available to them in the form of freedom of speech,
protection from any publications made under parliamentary authority, Rule making power,
internal autonomy. They enjoy some other privileges such as freedom of arrest, inquiry by a
parliament body in case of contempt of privileges, freedom from jury services, privacy of
debates and other privileges etc.
Another important thing which is included in the research is whether courts can interfere with
the working of the committee of privileges, whether the courts have the jurisdiction to
institute a dispute regarding parliamentary privileges and what happens when there is dispute
between the parliament and courts in cases of parliamentary privileges.
The research also contains the provisions available in the constitutions of different countries
regarding to the parliamentary privileges. All this is done by studying various articles in the
constitution, amendments, case laws, and Constitutional assembly debates.

RESEARCH PLAN
1) Research objective - The objective of the research is to know about parliamentary
privileges. The objective of the research is to help the reader to get knowledge about
various kinds of privileges enjoyed by the members of parliament such as freedom of
speech, freedom from arrests, rule making power, freedom from jury service, privacy
of debates etc. The research also contains study of various case laws and constitutional
articles. The research also deals with the powers of High Courts and Supreme Courts
arising out of the disputes on such privileges.
2) Research questions What are the provisions of parliamentary privileges in the Indian

Constitution?
What is the scope of such privileges?
What are the various types of privileges enjoyed by the parliamentarians?
Whether these privileges are absolute or there are some restrictions.
What is the procedure to punish in case of contempt or breach of such

privileges?
Is there jurisdiction of the judiciary to intervene in such contempt, if yes then

to what extent?
3) Research methodology4) Tentative Chapterisation1)
2)
3)
4)

Introduction ( History, developments, definition)

Various provisions( Acts and amendments)
Various privileges enjoyed( immunities, rights, and importance)
Limitations and Procedures( limitations of such immunities and procedure when

there is a contempt)
5) Provision in other countries (Brief of provisions in the constitution of other
countries)
6) Jurisdiction of the Judiciary in such cases.
5) Resources1) P.M Bakshi The Constitution of India Pg- 131-133
2) Durga Das Basu (Shorter Constitution of India 14th Edition) Pg 726-738
3) Dj De ( Constitution of India ) Pg 1784
4) V.N Shuklas Constitution of India Pg 466- 479
5) Indias Constitution origin and evolution Volume 5 Samaraditya Paul. Pg 764
6) CAD book-3 Volume 8 Pg 375
7) CAD Book 5 Volume X- XII pg 374-375
8) MP Jain Constitution of India pg 87
9) Constitution of India ( Article 105)