Introduction

Parliamentary privileges are defined in Article 105 of the Indian Constitution. The members of
Parliament are exempted from any civil or criminal liability for any statement made or act done in the
course of their duties. The privileges are claimed only when the person is a member of the house. As
soon as he ends to be a member, the privileges are said to be called off. The privileges given to the
members are necessary for exercising constitutional functions. These privileges are essential so that
the proceedings and functions can be made in a disciplined and undisturbed manner.

What is meaning of parliament?

Meaning of Parliament: – Parliament is an assembly of the representatives of a political nation or

people, often the supreme legislative authority. A parliament is the legislative body of government.
Generally, a modern parliament has three functions i.e., representing the electorate, making laws, and
overseeing the government via hearings and inquiries. The term is similar to the idea of
a senate, synod or congress, and is commonly used in countries that are current or
former monarchies, a form of government with a monarch as the head.
Some contexts restrict the use of the word parliament to parliamentary systems, although it is also
used to describe the legislature in some presidential systems (e.g. the Parliament of Ghana), even
where it is not in the official name.

Parliament of India

The Parliament of India is the supreme legislative body of the Republic of India. It is

a bicameral legislature composed of the President of India and the two houses i.e., the Rajya
Sabha (Council of States) and the Lok Sabha (House of the People). The President in his role as head
of legislature has full powers to summon and prorogue (discontinue a session) either house of
Parliament or to dissolve Lok Sabha. The president can exercise these powers only upon the advice of
the Prime Minister and his Union Council of Ministers.
Those elected or nominated (by the President) to either house of Parliament are referred to
as Members of Parliament (MP). The Members of Parliament, Lok Sabha are directly elected by the
Indian public voting in Single-member districts . The Members of Parliament, Rajya Sabha are elected
by the members of all State Legislative Assembly by proportional representation. The Parliament has a
sanctioned strength of 543 in Lok Sabha and 245 in Rajya Sabha including the 12 nominees from the
expertise of different fields of science, culture, art and history. The Parliament meets at Sansad
Bhavan in New Delhi.
India has a parliamentary form of government and this was adopted from the British government.
There are some differences between Britain and India. In India, Constitution is supreme but in Britain
their Parliament is supreme. There is no written constitution in Britain but India has written
constitution.

What is the composition of Parliament of India?

The Indian Parliament consists of three constituents: –

1. The President: – The President of India is the head of state of the Republic of India. The

President is the formal head of the executive, legislature and judiciary of India and is also
the commander-in-chief of the Indian Armed Forces.
2. Rajya Sabha (Upper House): – The Rajya Sabha or Council of States is the upper house of
the bicameral Parliament of India. As of 2021 it has a maximum membership of 245, of which 233
are elected by the legislatures of the states.
3. Lok Sabha (Lower House): – India’s bicameral Parliament, with the upper house being
the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-
past-the-post system to represent their respective constituencies, and they hold their seats for five
years or until the body is dissolved by the President on the advice of the council of ministers.
 The President of India
President of India: – The President of India, officially the President of the Republic of India, is
the ceremonial head of state of India and the Commander-in-chief of the Indian Armed Forces. He is
the first citizen of India and is a symbol of solidarity, unity, and integrity of the nation. He is a part of
Union Executive along with the Vice-President, Prime Minister, Council of Ministers, and Attorney-
General of India. The President is indirectly elected by an electoral college comprising the Parliament
of India (both houses) and the legislative assemblies of each of India’s states and territories, who
themselves are all directly elected.
Part V of the Constitution (The Union) under Chapter I (The Executive) lists out the qualification,
election and impeachment of the President of India. Although article 53 of the Constitution of
India states that the President can exercise his powers directly or by subordinate authority, with few
exceptions, all of the executive powers vested in the president are, in practice, exercised by the prime
minister (a subordinate authority) with the help of the Council of Ministers. The president is bound by
the constitution to act on the advice of the prime minister and cabinet as long as the advice is not
violating the constitution.

How is President elected?

There is no direct election for the Indian President. An electoral college elects him. The electoral
college responsible for President’s elections comprises  elected members of: –

1. Lok Sabha and Rajya Sabha

2. Legislative Assemblies of the states (Legislative Councils have no role)
3. Legislative Assemblies of the Union Territories of Delhi and Puducherry

The value of the vote of an MLA and MP is given below: –

Article 52: – There shall be a President of India. The President is the head of the Indian state. He is
said to be the first citizen of the country, who heads all the armed forces. He is the first citizen if
served as a symbol of the integrity and solidarity of the country and the nation.
Article 53: – The executive power of the Union shall be vested in the President and exercised by him
directly or by his subordinate officers in accordance with this Constitution. Also, The President has the
supreme command of the Defence forces of union and the exercise of same shall be regulated by the
government.
Article 54: – The President is elected by an electoral college, which consists of elected members of
both houses of parliament and elected members of legislatures of all states and members of the NCT
of Delhi and the Union Territory of Pondicherry.
Article 55(3): – In the Constitution of India, the President shall be elected in accordance with the
system of proportional representation by means of a single transferable vote and voting in such
election shall be by secret ballot.
Article 56: – The President shall hold office for a period of five years from the date he enters upon
his office. The President shall continue in office until his successor enters office, irrespective of the
expiration of his term.
Article 57: – A person who holds, or who has held office as President, shall be eligible for re-election
to that office, subject to other provisions of this Constitution.
Article 58: – No person shall be eligible for election as President unless he;
 is a citizen of India;
 has completed the age of thirty-five years, and
 Is eligible for election as a member of the Lok Sabha.
Article 59: – The President shall not hold any other office of profit. The office and allowances of the
President shall not be reduced during his tenure. The President shall not be a member of either House
of Parliament or of a House of the Legislature of any State, and if a member of either House of
Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to
have vacated his seat in that House on the date on which he enters upon his office as President.
Article 60: – The President, every person acting as the President or discharging the functions of the
President, has to take oath before entering his office in the presence of the Chief Justice of India and
the senior judge of Supreme Court.
 Article 61: – When the President is to be impeached for violation of the Constitution, this charge will
be given priority by any House of Parliament.
Article 62: – Election of the President office shall be held before the expiry of the period of the
existing president.
Article 63: – There will be a Vice President of India. “The Vice-President acts in the absence of the
President on account of the President’s death, resignation, impeachment or other conditions.
Article 64: – The Vice-President of India is also the ex-officio chairman of the council of states.
Article 65: – The Vice-President discharges his functions to act as President or during casual
vacancies in office or during the President’s absence.
Article 66: – Vice-President of the India is to be elected by the members of both the Houses of
Parliament assembled in a joint sitting. Every effort is made to complete such elections before the
date of the presidential election.
Article 67: – The Vice-President may, by writing in his own hand addressed to the President, resign
from his office.
Article 67(c): – A Vice-President shall, despite the expiry of his term, continue in office until his
successor enters his office.
Article 68: – Election time to fill vacancy in the post of Vice President and the term of office of the
person elected to fill the casual election.
Article 69: – Vice-President has to take oath in the presence of President of India.
Article 70: – When there is no President or Vice-President of the country then in that case the chief
justice of India will discharge the functions of president.
Article 71: – All doubts and disputes arising out of or in connection with the election of a President or
Vice President shall be examined and decided by the Supreme Court, whose decision shall be final.
Article 72: – The President shall have the power to grant pardon, to punish, to relieve or to sentence,
or to suspend, remove or persuade the punishment of any person guilty of an offense.
Article 73: – The executive power of the Union shall extend to matters in respect of which Parliament
has the power to make laws.

Rajya Sabha (Upper House)

The Rajya Sabha or Council of States is the upper house of the bicameral Parliament of India. It

currently has a maximum membership of 245, of which 233 are elected by the legislatures of the
states and union territories using single transferable votes through Open Ballot while the President can
appoint 12 members from the field of art, literature, science, and social services. The potential seating
capacity of the Rajya Sabha is 250 (238 elected, 12 appointed), according to article 80 of the Indian
Constitution. Members sit for staggered terms lasting six years, with elections every year but almost a
third of the 233 designates up for election every two years, specifically in even-numbered years. The
Rajya Sabha meets in continuous sessions, and unlike the Lok Sabha, being the lower house of the
Parliament, the Rajya Sabha, which is the upper house of Parliament, is not subjected to dissolution.
However, the Rajya Sabha, like the Lok Sabha can be prorogued by the President.

Qualifications

Article 84 of the Constitution lays down the qualifications for membership of Parliament. A
member of the Rajya Sabha must: –
 Be a citizen of India.
 Make and subscribe before some person authorized in that behalf by the Election
Commission an oath or affirmation according to the form set out for the purpose in the Third
Schedule to the Constitution.
 Be at least 30 years old. (article 84 constitution of India)
 Be elected by the Legislative Assembly of States and Union territories by means of single
transferable vote through proportional representation.
 Not be a proclaimed criminal.
 Not be a subject of insolvent, i.e. he/she should not be in debt that he/she is not capable of
repaying in a current manner and should have the ability to meet his/her financial expenses.
 Not hold any other office of profit under the Government of India.
 Not be of unsound mind.
 Possess such other qualifications as may be prescribed in that behalf by or under any law
made by Parliament.
 Composition of Rajya Sabha (Article 80)
The Council of States (Rajya Sabha) is made up of not more than 250 members, 12 of whom are
nominated by the President of India from among persons who have special knowledge or practical
experience in relation to matters such as literature, science, art and social service.

Seats are allotted in degressive proportion to the population of each state or union territory, meaning
that smaller states have a slight advantage over more populous states. Certain states even have more
representatives than states more populous than them: for example, Tamil Nadu has 18
representatives for 72 million inhabitants (in 2011) whereas Bihar (104 million) and West Bengal (91
million) only have 16. As the members are elected by the state legislature, some small Union
Territories, those without legislatures, cannot have representation. Hence, Andaman and Nicobar
Islands, Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Ladakh & Lakshadweep do not send
any representatives. 12 members are nominated by the President. [Schedule 4- Allocation]

Benefits of Rajya Sabha

1. It is considered useful as senior politicians and statesmen can easily enter in it without going
through the time of general election required for members of the Lok Sabha.
2. Rajya Sabha acts as an observing body towards Lok Sabha as it keep an eye on the work of
the Lok Sabha.
3. The Rajya Sabha is a House where the states are represented to keep up with federal
principles [Article 83 (a) (b)].
Rajya Sabha has one chairman and one vice-chairman (Article 89): – As soon as the State
Council is elected, a member of the Council may elect a member of the Deputy Chairman and, so until
the post of the Deputy Chairman becomes vacant, the Council shall elect another member.
Permanent Body
The Rajya Sabha is a permanent body and not subject to dissolution. However, one third of the
members retire every other year, and they are replaced by newly elected members. Each member is
elected for a term of six years. The Vice President of India is the ex-officio President of the Rajya
Sabha.

Lok Sabha (Lower House)

The Lok Sabha, or House of the People, is the lower house of India’s bicameral Parliament, with

the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal
suffrage and a first-past-the-post system to represent their respective constituencies, and they hold
their seats for five years or until the body is dissolved by the President on the advice of the council of
ministers. The house meets in the Lok Sabha Chambers of the Sansad Bhavan, New Delhi.
The maximum membership of the House allotted by the Constitution of India is 552 (Initially, in 1950,
it was 500). Currently, the house has 543 seats which are made up by the election of up to 543
elected members and at a maximum. Between 1952 and 2020, 2 additional members of the Anglo-
Indian community were also nominated by the President of India on the advice of Government of
India, which was abolished in January 2020 by the 104th Constitutional Amendment Act, 2019. The
Lok Sabha has a seating capacity of 550.

A total of 131 seats (24.03%) are reserved for representatives of Scheduled Castes (84) and
Scheduled Tribes (47). The quorum for the House is 10% of the total membership. The Lok Sabha,
unless sooner dissolved, continues to operate for five years for time being from the date appointed for
its first meeting. However, while a proclamation of emergency is in operation, this period may be
extended by Parliament by law or decree.

Qualifications

Article 84 under Part V: – The Union of Indian Constitution sets qualifications for being a
member of Lok Sabha, which are as follows: –
 He/She should be a citizen of India, and must subscribe before the Election Commission of
India, an oath or affirmation according to the form set out for the purpose in the Third Schedule of
the Indian Constitution.
 He/She should not be less than 25 years of age.
 He/She possesses other such qualifications as may be prescribed in that behalf by or under
any law made by the Parliament.
 He She should not be proclaimed criminal i.e. they should not be a convict, a confirmed debtor
or otherwise disqualified by law; and
 He/She should have his/her name in the electoral rolls in any part of the country.

However, a member can be disqualified from being a member of Parliament: –

 If he/she holds the office of profit;
 If he/she is of unsound mind and stands so declared by a competent court
 If he/she is an undischarged insolvent;
 If he/she is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State,
or is under any acknowledgment of allegiance or adherence to a foreign State;
 If he/she is violating party discipline (as per the Tenth schedule of the constitution);
disqualified under Representation of People Act.

A seat in the Lok Sabha will become vacant in the following circumstances (during the
normal functioning of the House): –
 When the holder of the seat, by writing to the speaker, resigns.
 When the holder of the seat is absent from 60 consecutive days of proceedings of the House,
without prior permission of the Speaker.
 When the holder of the seat is subject to any disqualifications mentioned in the Constitution or
any law enacted by Parliament.
 A seat may also be vacated when the holder stands disqualified under the ‘Anti-Defection
Law’.

Furthermore, as per article 101 of the Indian Constitution, a person cannot be: –

 A member of both Houses of Parliament and provision shall be made by Parliament by law for
the vacation by a person who is chosen a member of both Houses of his seat in one House or the
other.
 A member both of Parliament and of a House of the Legislature of a State.

Election of both speaker and deputy speaker (Article 93): – The election of speaker and deputy
speaker is done by the members of Lok Sabha only. The constitutional office of the Deputy Speaker of
the Lok Sabha is more symbolic of parliamentary democracy than some actual authority.

Duration of the house of People (Article 83): – The Council of State Ministers shall not be subject
to dissolution, but as many as one-third of the members shall retire at the end of every second year,
as soon as the provisions made by Parliament in accordance with law. During the emergency the time
period of Lok Sabha can extended to one year.

Readjustment after each census (Article 82): – Allocation of seats is done by Delimitation
Committee. By law, Parliament implements the Delimitation Act after every census. After the
enactment of the Act, the Central Government constitutes a Delimitation Commission.
Population is the basis of allocation of seats in the Lok Sabha. As far as possible, each state gets
representation in the Lok Sabha in proportion to its population according to census data. There is
reservation of seats for Scheduled Castes and Tribes in the Lok Sabha. Census data has also been
taken into consideration here.

The allocation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha has been done on
the basis of the ratio of Scheduled Castes and Tribes in the State, relating to the total population, the
provisions contained in Article 330 of the Constitution of India read with Section 3 of the RP Act. , As
of 1950.

For Scheduled Castes, 84 seats are reserved in the Lok Sabha. As amended in the Representation of
the People Act, 1950, the first schedule of amendment in the Representation of the People
(Amendment) Act, 2008, is issued by the State.
 Subject to the provisions of the article, the Lok Sabha shall consist of 550 members who are
elected as follows (Article 81)
 Not more than 530 member of the  states elected by direct election from territorial
constituencies, and
 No more than 20 members representing the Union Territories are elected in such a manner as
Parliament may provide for the law.
Voting Rights: – The Sixty-seventh Amendment of the Constitution of India is officially known as the
Constitution (Sixty-ninth Amendment) Act, 1988, which reduced the age of voting for Lok Sabha
elections and state assemblies from 21 to 18 years.
Article 84: A person shall not be considered eligible to fill a seat in Parliament unless
he/she: –
 is a citizen of India, and makes and subscribes to the person authorized by the Election
Commission before the oath or confirmation by the Election Commission in accordance with the
form prescribed for this purpose in the Third Schedule;
 in the case of a seat in the Council of State, not for people under thirty years of age and, in
the case of a seat in the House of Peoples, not less than twenty-five years; and
 Such are the other qualifications which may be prescribed under or on behalf of any law made
by Parliament.

Powers of Lok Sabha

The Lok Sabha has certain powers that make it more powerful than the Rajya Sabha: –
 Motions of no confidence against the government can be introduced and passed in the Lok
Sabha. If passed by a majority vote, the Prime Minister and the Council of Ministers resign
collectively. The Rajya Sabha has no power over such a motion and hence has no real power over
the executive. This is because the Constitution of India has only made the Union Council of
ministers responsible to the Lok Sabha, not to the Rajya Sabha.
 Money bills can only be introduced in the Lok Sabha, and upon being passed, are sent to
the Rajya Sabha, where it can be deliberated on for up to 14 days. If not rejected by the Rajya
Sabha, or 14 days lapse from the introduction of the bill in the Rajya Sabha without any action by
the House, or recommendations made by the Rajya Sabha are not accepted by the Lok Sabha, the
bill is considered passed. The budget is presented in the Lok Sabha by the Finance Minister in the
name of the President of India.
 In matters pertaining to non-financial (ordinary) bills, after the bill has been passed by the
House where it was originally tabled (Lok Sabha or Rajya Sabha), it is sent to the other house,
where it may be kept for a maximum period of 6 months. If the other House rejects the bill or a
period of 6 months elapses without any action by that House, or the House that originally tabled the
bill does not accept the recommendations made by the members of the other house, it results in a
deadlock. This is resolved by a joint session of both Houses, presided over by the speaker of the
Lok Sabha and decided by a simple majority. Though the Constitution has placed both houses on
the same footing in this regard, in reality, it is the Lok Sabha’s opinions that mostly prevail—due to
its bigger numerical strength.
 Equal Powers with the Rajya Sabha in initiating and passing any Bill for Constitutional
Amendment (by a majority of the total membership of the House and at least two-thirds majority of
the members present and voting).
 Equal Powers with the Rajya Sabha in initiating and passing a motion for the impeachment of
the President (by two-thirds of the membership of the House).
 Equal Powers with the Rajya Sabha in impeachment process (initiating and passing a motion
for the removal) of the judges of the Supreme Court and the state High Courts (by a majority of the
membership of the House and at least two-thirds majority of the members present and voting),
who then can be removed by the President of India.
 Equal Powers with the Rajya Sabha in initiating and passing a resolution declaring war or
national emergency (by two-thirds majority) or constitutional emergency (by simple majority) in a
state.
 If the Lok Sabha is dissolved before or after the declaration of a National Emergency, the
Rajya Sabha becomes the sole Parliament. It cannot be dissolved. This is a limitation on the Lok
Sabha. But there is a possibility that the president can exceed the term to not more than 1 year
under the proclamation of emergency and the same would be lowered down to six-month if the said
proclamation ceases to operate.
 In conclusion, it is clear that the Lok Sabha is more powerful than the Rajya Sabha in almost all
matters. Even in those matters in which the Constitution has placed both Houses on an equal footing,
the Lok Sabha has more influence due to its greater numerical strength. This is typical of any
Parliamentary democracy, with the lower House always being more powerful than the upper.

The privileges individually enjoyed by the members are

 Freedom of speech in parliament

The members of the parliament have been vested with the freedom of speech and expression. As the
very essence of our parliamentary democracy is a free and fearless discussion, anything said by them
expressing their views and thoughts are exempted from any liability and cannot be tried in the court
of law.

Sir John Eliot’s Case- The House of Lords recognised that the court should never have assumed
jurisdiction over the charge of seditious speeches, which was “fully answered by the plea of privilege”
and reversed the decision of Court of King’s bench in which they have convicted Sir John for delivering
a seditious speech in House of Common.

The freedom of speech and expression guaranteed to a citizen under Article 19(2) is different from the
freedom of speech and expression provided to a member of the parliament. It has been guaranteed
under Article 105(1) of the Indian constitution. But the freedom is subject to rules and orders which
regulates the proceedings of the parliament.

This right is given even to non-members who have a right to speak in the house. Example, attorney
general of India. So that, there is fearless participation of the members in the debate and every
member can put forward his thought without any fear or favour.

Some limitations are also present which should be followed in order to claim immunity

 Freedom of speech should be in accordance with the constitutional provisions and subject to
rules and procedures of the parliament, stated under Article 118 of the Constitution.
 Under Article 121 of the Constitution, the members of the parliament are restricted from
discussing the conduct of the judges of the Supreme Court and the High Court. But, even if
this happens, it is the matter of the parliament and the court cannot interfere.
 No privilege and immunity can be claimed by the member for anything which is said outside
the proceedings of the house.

 Freedom from arrest

The members enjoy freedom from arrest in any civil case 40 days before and after the adjournment of
the house and also when the house is in session. No member can be arrested from the limits of the
parliament without the permission of the house to which he/she belongs so that there is no hindrance
in performing their duties.

If the detention of any members of the parliament is made, the chairman or the speaker should be
informed by the concerned authority, the reason for the arrest. But, a member can be arrested
outside the limits of the house on criminal charges against him under The Preventive Detention act,
The Essential Services Maintenance Act (ESMA), The National Security Act (NSA) or any such act.

 Freedom from appearing as a witness

 The members of the parliament enjoy special privileges and are exempted from attending court as a
witness. They are given complete liberty to attend the house and perform their duties without any
interference from the court.

 Power to make rules of procedure

Under Art. 118 Each House of Parliament has the power to make rules and regulates its proceeding
and conduct of its business. Both Houses had enacted their rule book which is known as Rules of
Procedure and Conduct of business in Lok Sabha and Rules of Procedure and Conduct of Business in
the Council of States respectively.

Privileges enjoyed by the members collectively as part of parliament

 Right to prohibit the publication of proceedings

As stated in Article 105(2) of the Constitution, no person shall be held liable for publishing any
reports, discussions etc. of the house under the authority of the member of the house. For paramount
and national importance, it is essential that the proceedings should be communicated to the public to
aware them about what is going on in the parliament.

But, any partial report of detached part of proceedings or any publication made with malice intention
is disentitled for the protection. Protection is only granted if it reflects the true proceedings of the
house. If any expunged proceedings are published or any misrepresentation or misreporting is found,
it is held to be the breach of the privilege and contempt of the house.

 Right to exclude strangers

The members of the house have the power and right to exclude strangers who are not members of the
house from the proceedings. This right is very essential for securing free and fair discussion in the
house. If any breach is reported then the punishment in the form of admonition, reprimand, or
imprisonment can be given.

The right to punish members and outsiders for breach of its privileges

The Indian Parliament has the power to punish any person whether strangers or any member of the
house for any breach or contempt of the house. When any breach is committed by the member of the
house, he/she is expelled from the house.

This right has been defined as ‘keystone of parliamentary privilege’ because, without this power, the
house can suffer contempt and breach and is very necessary to safeguard its authority and discharge
its functions. This power has also been upheld by the judiciary in most of the cases. The house can put
in custody any person or member for contempt till the period the house is in session.

 The right to regulate the internal affairs of the house

Each house has a right to regulate its proceedings in the way it deems fit and proper. Each house has
its own jurisdiction over the house and no authority from the other house can interfere in regulation of
its internal proceedings. Under Article 118 of the Constitution, the house have been empowered to
conduct its regulation for proceedings and cannot be challenged in the court of law on the ground that
the house is not in accordance with the rules made under Article 118. The Supreme Court has also
held that this is general provision and the rule is not binding upon the house. They can deviate or
change the rule anytime accordingly.

Punishments prescribed for breach of privileges or contempt of the house

1. Imprisonment – If the breach committed is of a grave nature the, punishment can be given
in the form of the imprisonment of any member or person.
2. Imposing fine – If in the view of the parliament, the breach or contempt committed is of
economic offence and any pecuniary gain has been made from the breach then, the
parliament can impose fine on the person.
3. Prosecuting the offenders – The parliament can also prosecute the one committing the
breach.
4. Punishment given to its own members – If any contempt is committed by the members of
the parliament then, he is to be punished by the house itself which could also result in the
suspension of the member from the house.

What constitutes parliamentary breach or contempt of the house?

There is no codification to clearly state that what action constitutes a breach and what punishment it
entails. Although, there are various acts which are treated by the house as the contempt. It is
generally based on the actions which tend to obstruct the proceedings of the house and creates a
disturbance for the members. Some of them are briefly discussed.

Giving any misleading statement in the house

The acts which are done solely with the purpose to mislead are considered as the contempt of the
house. If the statement is made by a person who believes the information to be true then, there is no
breach involved. It has to be proved that the statement was made with an intention to mislead the
house.

Disturbance by the outsiders

Any disruption created by shouting slogans or throwing leaflets etc. with the purpose of disturbing the
proceedings of the court is regarded as a major contempt by the house. The person is imprisoned by
the house for a specified period of time or a warning is given depending on the seriousness of the
case.

Any kind of assault on the members

Here, the privilege is available when the member is performing his duties. An assault done by any
person on the member of the parliament in the course of performing his duties is treated as contempt
of the house.

Writings or speeches about the character of the member

any speech published or libel made against the character of the member is regarded as the contempt
of the house. These are regarded to be necessary because it affects the performance and function of
the member by reducing the respect for him.
So, clearly, any attack on the privilege of the members by any means is considered as a breach of the
privilege and the parliament can take action regarding the same.

Freedom of press and the parliamentary privileges

The parliamentary privileges restrict the freedom of the press, which is a fundamental right. Caution
to a great extent has to be taken by the press while publishing any report of the proceedings of the
parliament or the conduct of any member. There are instances where the press can be held liable for
the contempt of the house

1. Publishing any matter concerning the character of any member of the parliament
2. Any pre-mature publication of the proceedings
3. Misreporting or misrepresenting the proceeding of the house
4. Publishing the expunged portion of the proceedings
In spite of the fact that the freedom of the press is subject to the parliamentary privileges, certain
enactments have been made for the protection of the freedom of the press. If the fundamental right is
being violated, there is no meaning of democracy. The freedom of the press has to be protected
because we need to be informed about the acts of our representatives. Parliamentary Proceedings
(protection of the publication) Act, 1977 protects the rights of the press under certain given
circumstances

1. The reports of the proceedings are substantially true.

2. The report is made without malice.
3. The report is made for public good.
4. The report should not constitute any secret meeting of the house.

Codification of the parliamentary privileges

Our Indian parliament enjoys supreme powers as being a member of the parliament. There is also
misuse of the privileges given to them because they do not have many restriction on the rights. They
have the power to be the judge of their own proceedings, regulate their proceedings, what constitutes
the breach and what punishment should be given for the breach, are solely decided by them.

The power vested in them is too wide as compared to the fundamental rights vested in the citizens.
With no codification of the privileges, they have gained an undefined power because there is no
expressed provision to state the limitations on their powers. The privilege from any civil arrest 40 days
before and after the session and during the session results that they are exempted from arrest for
even more than 365 days. No comprehensive law has been till date enacted by the parliament for the
codification of the parliamentary privileges.

It is mostly resisted by the members because then it will be subject to the fundamental rights and
would be in the purview of judicial review. Justice M.N. Venkatachaliah heading the Constitution
Review Commission also recommended to define and delimit the privileges for the free and
independent functioning of the legislature. This is based on the apprehension that codification will
involve interference of the court as the matters would be presented in the court of law. Non-
codification of privileges has led to greater powers being enjoyed by the members. But, now the time
has come to codify and define the privileges and actions must be taken so that there is smooth
functioning of the parliament without any conflict.
Judicial review of the parliamentary privileges

The Indian judiciary has been vested with the responsibility of the protection of the fundamental
rights. Parliament members claim absolute sovereignty over their powers and in any case does not
want the judiciary to interfere. But, the judiciary is regarded as the guardian of our Constitution and it
cannot sit quietly if any fundamental right of a citizen is violated due to privileges or when there is an
escape from any criminal liability.

The judiciary has to take a stand on the wrongs committed by the members who are taking the
shelter of the privileges. The Supreme Court in Keshav Singh’s case observed that the privileges
conferred on the members are subject to the fundamental rights.

The Supreme Court has also held that any conflict arising between the privileges and the fundamental
rights would be resolved by adopting harmonious construction. The judiciary is very well aware of the
fact that it does not have jurisdiction over parliamentary matters but it is necessary for the society
that any violation should be resolved by the court as it deems fit.

Parliamentary privileges and the principle of natural justice

In a recent judgment by the Supreme Court judges in the case of Algaapural R. Mohanraj v Tamil
Nadu Legislative Assembly, it was held that the principle of the natural justice cannot be violated by
the privilege committee.

Facts of the case

On 19-02-2015, some members of the Tamil Nadu Legislative Assembly was suspended on the ground
of unruly conduct. In furtherance of this, a privilege committee was formed to inquire about the
conduct of the members and further proceedings related to breach of privilege. It was found and
recommended by the take necessary action against six members for the breach of privilege.

By a resolution dated 31-03-2015, the members were suspended for a period of ten days for the next
session. Further it was extended to cutting of their salaries and giving any other benefit till the
suspension period. A writ petition was filed by the members in the Supreme Court under Article 32 of
the Constitution.

Contentions raised by the members

The contention was raised by the petitioners that their fundamental rights under Article 19(1)(a),
19(1)(g), 14 and 21 of the Constitution have been violated by the said resolution.

Judgment by the court

The court rejected the contention of the petitioners that the resolution violated Article 19(1)(a) and
19(1)(g). It further accepted the contention that the rights was violated under Article 14 of the
Constitution. The court observed that the video recording which showed the act of the members
amounting to the breach was not presented before the petitioners. If it would have been presented
then they might had the chance to explain their conduct. It was further directed by the court to
restore the salary and other benefits of the petitioner.
Conclusion

The privileges are conferred on the members for smooth functioning of the parliament. But, these
rights should always be in conformity with the fundamental right because they are our representatives
and work for our welfare. If the privileges are not in accordance with the fundamental rights then the
very essence of democracy for the protection of the rights of the citizen will be lost. It is the duty of
the parliament not to violate any other rights which are guaranteed by the constitution. The members
should also use their privileges wisely and not misuse them. They should always keep in mind that the
powers do not make them corrupt. The parliament cannot adopt every privilege that is present in the
house of commons but should adopt only those privileges which accordingly suits our Indian
democracy.