Parliamentary Priviledges

By: Rajni Kheria

Parliamentary Privileges
• Special: Right /Privileges
• Exception: Immunity/Exemption
• Enjoyed by particular class of persons
• Parliamentary privileges means certain rights accruing to each house
of parliament collectively and also to members independently.
• Without these rights not possible to maintain either independence of
action or dignity and efficiency of sovereign legislation.
• Essence of parliamentary form of govt is that peoples representatives
should be free to express themselves without fear of legal
consequence.
ART 105 and 194
• Art 105 and 194 expressly mention 2 priviledges
• Freedom if speech
• Freedom of publication of proceedings
• 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. 1
•
• [(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, 2 [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.]
• (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.
• 194. Powers, privileges, etc., of the Houses of Legislatures 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 the Legislature, there
shall be freedom of speech in the Legislature of every State.
• (2) No member of the Legislature of a State shall be liable to any proceedings in
any court in respect of anything said or any vote given by him in the Legislature or
any committee thereof, and no person shall be so liable in respect of the
publication by or under the authority of a House of such a Legislature of any
report, paper, votes or proceedings. 1
• [(3) In other respects, the powers, privileges and immunities of a House of the
Legislature of a State, and of the members and the committees of a House of
such Legislature, shall be such as may from time to time be defined by the
Legislature by law, and, until so defined, 2 [shall be those of that House and of its
members and committees immediately before the coming into force of section 26
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 the
Legislature of a State or any committee thereof as they apply in
relation to members of that Legislature.

• Members not liable for

• Anything Said
• Any vote Given
• Publication of proceedings
• Privilege same as were available before constitution
• No action civil/or criminal lie – for defamation-or like nature – for things
said in parliament
• Subject to Const/rules of procedure
• Freedom as to what is said IN parliament not outside i.e during the sitting
of parliament when its business is being transacted
• Freedoms generally enjoyed are:
• Freedom from Arrest
• Right to exclude stranger
• Right to prohibit publication of proceeding
• Right of house to regulate its own constitution.
• Right to regulate internal proceeding ex art 122/212
• Right to punish member or outsiders for contempt
• Right to expel members
• Cases:
• Amarinder Singh v Special Committee, Punjab Vidhan Sabha
• Tej Kiran Jain v N Sanjiva Reddy
• MSM Sharma v Sri Krishna Sinha
• PV Narsimsha Rao v State
• Raja Ram Pal v Hon,ble Speaker Lok Sabha
• In Power Priviledge & Immunities of State Leg Re Spl ref no 1 of 1964