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.