DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

(SESSION 2019 – 2020)

BASICS OF LEGISLATION

SYNOPSIS

ON

PARLIAMENTARY PRIVILEGES : ​A Review

SUBMITTED TO: SUBMITTED BY:

DR. SHASHANK SHEKHAR DHAMAN TRIVEDI

ASSISTANT PROFESSOR Enrollment No. 190101051

(BASICS OF LEGISLATION) B.A. LL.B (Hons)

Dr. Ram Manohar Lohiya National Law University 1​st​ Semester Section 'A'
 TABLE OF CONTENTS

Content Page no.

Preface 2

Tentative Chapterization 3-4

References 4

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 PREFACE

Considering the curriculum of Basics of Legislation as part of the B.A.LLB.(Hons.) programme

of the university, this project is based on the study of Parliamentary Privileges. As the Indian
Constitution has given various rights to the citizens of India ranging from Right to Speech and
Expression to Right to Privacy. Just like the spectrum of light in natural sciences, this spectrum
of rights in the subject of law, has a boundary beyond which a normal citizen can’t access.

These special sets of rights are available to only certain classes of people, which is subject to
various legislations of various countries. These special sets of rights are parliamentary privileges
which are extended to these classes of people for special reasons by law.

This project will deal with how these parliamentary privileges came around, and why at all do
we, as a nation, need them.

This will allow the researcher to delve further into the realm of parliamentary privileges and
understand how they work, with the objective of collecting the epitome of knowledge based
around the subject of research.

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 TENTATIVE CHAPTERIZATION

Origin
Before understanding any concept any world, it is ​sine qua non ​ to understand the roots of that
concept. This helps the researcher to understand the behind-the-stage stakeholders of the
particular concept.

The origin of Parliamentary Privileges shall be discussed in this chapter. The place and time of
its origin. The circumstances which led to the formation of these privileges. The change they
brought in the society and the relevance of those factors with the present world.

To understand the significance of these privileges in 17th Century England, we will also delve
into the English Civil War, where the importance of these privileges were painted red with the
blood of none other than the then King of the United Kingdom: ‘​King Charles I​’ .

Definition and Scope

The definition and interpretation of any word changes with time. Therefore, to understand what
these rights mean, in strict sense, shall be discussed in this chapter. The status and scope of these
privileges in the Indian Context shall also be discussed.

A simple definition of privilege is that it is an exceptional right or exemption. In its legal sense it
means an exemption from some duty, burden, attendance or liability to which others are subject.

Constitutional Provisions
The actual provisions of the constitution shall be discussed in this chapter which are relevant to
the subject of research. The reasons that led to the inclusion of these privileges shall also be
discussed herein.

The provisions, as mentioned in Article 105 of the Constitution, shall be discussed in this chapter
and what effects do they hold in the present day India.

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Freedom of Speech
The most controversial and important privilege is the exemption from the reasonable restrictions
under article 19(2) over the freedom of speech and expression. Therefore this special privilege is
worthy of a separate discussion, and hence it shall be discussed herein

Breach and Punishment

Since every right is protected by the mutually decided punishment for its breach, understanding
the punishment, and the threshold of breach is also mandatory to discuss.

Concurring with historical context, the punishment as provided in the constitution shall be
discussed in this chapter.

Conclusion
My personal views, analysis and conclusion out of the research shall be mentioned herein

REFERENCES

Books:-

● ‘Indian Constitutional Law’​ by M.P. Jain

● ‘Constitution of India’​ by V.N. Shukla.

Online Sources:-

● https://rajyasabha.nic.in/rsnew/rsat_work/CHAPTER%E2%80%948.pdf
● https://www.prsindia.org/theprsblog/parliamentary-privilege-faqs
● https://www.ourcommons.ca/About/Compendium/ParliamentaryPrivilege/c_d_originsdef
initionsparliamentaryprivilege-e.htm
● http://www.lawyersclubindia.com/articles/history-of-parliamentary-privileges-2671.asp

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