ADMINSTRATION LAW

(IMMUNITIES & PRIVILEGES OF THE

GOVERNMENT)

SUB TOPIC- WRIT JURISDICTION OF SUPREME COURT OF INDIA .

SUBMITTED BY – NEELESH CAHNDRA
ROLL NO- 18212
GROUP 32
 INTRODUCTION

Privileges and immunities of government refer to

special rights and immunities which are necessary to
protect legislatures and members from undue
interference and to carry out effectively their functions
of inquiring, debating and legislating. It is otherwise
called as ‘parliamentary privileges’.

These privileges enable the legislature to discharge its

functions effectively, fearlessly and without any outside
interference.
LEGAL PROVISIONS

2 4
1 3
• Section 80 & 82 Article 112 Suit
Article 105 • Order 27 Rule 5A, by / on behalf of
Section 123
Article 194 5B, 8A govt
•Order 27 A – 30 days

CPC, 1908
Constitution IEA, 1872 Limitation Act
CONSTITUTIONAL PRIVILEGES

The language of Article 105 is "mutatis mutandis" the same as that of Article
194 except that for the expression "Parliament" in Article 105 the expression "legislature
of a State" is used in Article 194.

1. For the effective functioning of parliamentary democracy,

To enable the Members to express themselves freely in the House without any fear or
favour.

Discussion on the conduct of a Supreme Court Judge or a High Court

Judge
CONSTITUTIONAL PRIVILEGES

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.
[ARTICLE. 105(2)]

P.V. Narasimha Rao v. State (CBI/SPE), (1998) 4 SCC 626.

The alleged bribe-takers and bribe-givers have committed breach of

privilege and contempt of the House (Lok Sabha); hence Parliament
may proceed against them for breach of privilege and contempt of
House.
CONSTITUTIONAL PRIVILEGES

3.
no person shall be liable in respect of the publication by or under
the authority of the House of Parliament of any report, paper, votes or proceedings.

EXCEPTIONS

Expressly ordered for non-publication by speaker shall not be published.

PRIVILEGES UNDER CIVIL
PROCEDURE CODE
 Section 80(2)
 Immediate relief against CASE LAWS under
government/public officer ( No Section 80:
notice required) Section 80 (3)
 Court shall not grant rellief, Dismissal of suit against • V.P. Nair vs. KSE
except after giving reasonable government/ public officer. Board
opportunity in respect of the relief • Government of Kerala
prayed for. vs. Sudhir Kumar
Sharma
ORDER 27 CPC SECTION 82, CPC
Rule 5-B Rule 5-A EXECUTION OF A DECCREE
It is the duty of the Court
When a suit is
to assist the parties in filed against a  Where in any suit by or against the Government, a decree is passed
public officer in
aariving at at settlement. against the UOI or State or the public officer such
respect of acct
Rule 8-A done in his decree shall not be executed for the period of 3 months from the
official capacity,
No Security is required Government date of such decree.
from the Government or should be joined  CASE LAWS: Asmaboo Hussain v Province of Bengal, 1942
as a party to the
any public officer. suit. decision
THNAKYOU