What are the Parliamentary Privileges? ‘Breach of privilege’ notice against PM Modi over comments on ‘Rahul, Sonia’

Mainak Deb Nath


 


The Indian parliament is composed of two houses: the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). The members of these houses enjoy certain special rights, immunities and exemptions that enable them to perform their functions effectively and without any fear or favour. These are known as parliamentary privileges.

 

📙 Sources of parliamentary privileges

 

The parliamentary privileges are derived from five sources :

 

- Constitutional provisions: Article 105 and Article 194 of the Constitution of India grant privileges to the members of parliament and state legislatures respectively.

- Various laws made by parliament: For example, The Salary, Allowances and Pension of Members of Parliament Act, 1954; The Prevention of Disqualification Act, 1959; The Parliament (Prevention of Disqualification) Act, 1977 etc.

- Rules of both the houses: Each house has its own rules and procedures that regulate its functioning and conduct of business.

- Parliamentary conventions: These are unwritten rules and practices that have been followed over time by both the houses and their members.

- Judicial interpretations: The Supreme Court and high courts have given various judgments on matters related to parliamentary privileges.

 

📙 Types of parliamentary privileges

 

The parliamentary privileges can be classified into two types  :

 

📑Collective privileges: These are enjoyed by each house as a whole. They include:

 

    - The right to publish its reports, debates and proceedings without any interference from outside.

    - The right to exclude strangers (outsiders) from its sessions or hold private sessions when necessary.

   - The right to regulate its own internal affairs, such as making rules for its functioning, conduct of business and discipline of members.

    - The right to punish any person for contempt or breach of privilege by reprimand, admonition, imprisonment or expulsion.

    - The right to receive immediate information about any arrest, detention or conviction of any member by any authority.

 

📑Individual privileges: These are secured to each member individually. They include:

 

    - Freedom of speech and expression: No member can be held liable in any court or other forum for anything said or done in the house or its committees. This also applies to those who participate in any committee proceedings such as ministers, attorney general etc.

    - Freedom from arrest: No member can be arrested in civil cases during a session or 40 days before or after it. However, this does not apply to criminal cases or preventive detention cases.

    - Exemption from jury service: No member can be summoned for jury service while he/she is a member.

    - Exemption from attendance as witnesses: No member can be compelled to give evidence or produce documents before any court or authority while he/she is a member.

 

📙 Limitations on parliamentary privileges

 

The parliamentary privileges are not absolute but subject to some limitations :

 

- They are subject to constitutional provisions such as fundamental rights, directive principles etc.

- They are subject to judicial review by courts which can examine their validity and scope in case of disputes.

- They are subject to international obligations such as treaties, conventions etc. that India has ratified or acceded to.

- They are subject to ethical norms such as code of conduct, declaration of assets etc. that each house may adopt for its members.

 

📙 Conclusion

 

Parliamentary privileges are essential for maintaining the dignity, independence and effectiveness of parliament as an institution. They enable the members to discharge their duties without fear or favour. However, they also entail responsibility and accountability on part of the members who should use them wisely and judiciously for public interest.

 

 


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