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Parliamentary Privileges

The document outlines the privileges of Parliament and State legislatures in India, specifically focusing on freedom of speech and the right to publish proceedings as stated in Articles 105 and 194 of the Constitution. It details additional privileges such as freedom from civil arrest during sessions, the right to hold secret sessions, and the authority to regulate internal proceedings without court interference. Furthermore, it highlights the distinction between parliamentary privileges and fundamental rights, noting that parliamentary rights are independent of restrictions imposed on citizens' rights to free speech.

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10 views6 pages

Parliamentary Privileges

The document outlines the privileges of Parliament and State legislatures in India, specifically focusing on freedom of speech and the right to publish proceedings as stated in Articles 105 and 194 of the Constitution. It details additional privileges such as freedom from civil arrest during sessions, the right to hold secret sessions, and the authority to regulate internal proceedings without court interference. Furthermore, it highlights the distinction between parliamentary privileges and fundamental rights, noting that parliamentary rights are independent of restrictions imposed on citizens' rights to free speech.

Uploaded by

nandithap1608
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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PARLIAMENTARY

PRIVILEGES
Article 105- Privileges of the Parliament
Article 194- Privileges of State legislature
The Constitution expressly provides 2 privileges- freedom of speech in the Parliament
and State legislature and right of publication of its proceedings.
FREEDOM OF SPEECH
English law- Bill of Rights, 1689- statutory recognition is given for the House of
Commons in England.
Indian law- Article 105 of Constitution- gives absolute immunity from courts for
anything said within the house during the course of proceedings.
Constitutional restriction on freedom of speech is imposed by Art 121 which prohibits
any discussion in Parliament with respect to the conduct of a judge of SC or HC.
RIGHT TO PUBLICATION OF PROCEEDING

Art 105 (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.

The protection under this article does not extend to publication made by a private person
without the authority of a house.

Surendra v. Nabakrishna, 1958- An editor of a newspaper was held guilty of committing


contempt of court for publishing a statement of the house.
OTHER PRIVILEGES

1. Freedom from arrest- A member of Parliament cannot be arrested or imprisoned on a civil


proceeding within a period of 40 days before and 40 days after the session of Parliament. If
a member is arrested within this period, he should be released so that he might be free to
attend Parliament. This privilege is available against civil arrest and does not extend to arrest
or imprisonment on a criminal charge or for contempt of court or for preventive detention.

K Anandan Nambiar v. Chief Secretary Government of Madras, 1966- The petitioners who
were Members of Parliament were detained under Defence of India Rules, 1962. The
challenged the order of detention on the ground that the legislature could not be detained so
as to prevent him from exercising constitutional rights as a legislator. Held- if a person was
detained under valid detention order he could claim no such rights.

2. Right to exclude strangers from its proceedings and hold secret sessions- In England, this
right was used to discuss highly confidential and important matters which is practiced in
India also but only in exceptional conditions.
3. Right to prohibit to publication of its reports and proceedings- In England, House of
Commons has right to prohibit the publication of its report, debates or other proceedings. The
publication of any portion of a speech constitutes a breach of the privilege of the house.

4. Right to regulate internal proceedings- The courts will not interfere with what happens inside
the House, and all regulatory and adjudicatory right is given to the house itself. Art 122(1)- The
validity of the proceeding in Parliament cannot be called in question in a court of law on the
ground of any alleged irregularity of procedure.

5. Right to punish members or outsiders for contempt- The House can issue a warrant to arrest a
person held guilty of committing contempt of the house. The house has power to punish its
members for contempt of breach of privilege. A member may be suspended or expelled from
the house or may be sentenced to jail.
Privileges and Fundamental Rights

Article 19 (1) (a) guarantees freedom of speech and expression to every citizen of India. It is
subject to reasonable restrictions under Article 19 (2). The right under Article 105 is an
independent right and is not subject to restriction under Art 19(2).

Privileges and courts

In matter of privileges, the House is the sole and exclusive Judge but such privileges are also
subject to the provisions of the Constitution.

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