DR.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY,
LUCKNOW.

CONSTITUTIONAL LAW II
(Synopsis)

TOPIC:
PARLIAMENTARY PRIVILEGES:
FREEDOM OF SPEECH AND EXPRESSION

SUBMITTED TO: SUBMITTED BY:

DR. ATUL KUMAR TIWARI CHANDNI BHATIA
Associate Professor (Law) HOD (Legal Studies) ROLL NO. 54
PROF. (DR.) C.M. JARIWALA B.A. LLB. (HONS.), SEM IV
DEAN(Academics) SECTION A
 INDEX

1. INTRODUCTION ......................................................................................................... 3
2. TENTATIVE CHAPTERISATION .............................................................................. 3
3. OBJECTIVE .................................................................................................................. 3
4. RESEARCH METHODOLOGY................................................................................... 4
 INTRODUCTION
According to Sir Thomas Erskine May1 has defined Parliamentary Privileges as follows:-
“The sum of peculiar rights enjoyed by each House collectively as a constituent part of the
High Court of Parliament, and by members of each House individually, without which they
could not discharge their functions, and which exceed those possessed by other bodies or
individuals.”
The term ‘Privileges’ points out by him, though part of the law of the land, are to a certain
extent, an exemption from the ordinary law. Certain rights and immunities such as freedom
from arrest or freedom of speech belong primarily to individual members of each House and
exist because the House cannot perform its functions without unimpeded use of the services
of its members. Other such rights and immunities such as the power to punish for contempt
and the power to regulate its own constitution belong primarily to each House as a collective
body, for the protection of its members and the vindication of its own authority and dignity.
Fundamentally, however, it is only as a means to the effective discharge of the collective
functions of the House that the individual privileges are enjoyed by members.

TENTATIVE CHAPTERISATION
1. Meaning of Privilege
2. Need and Objective of Priveleges
3. Significance
4. Article 105
5. Nature of Freedom of Speech
6. Constitutional Provisions
7. Limitations Conferred
8. Preventive Detention and its validity
9. Conclusion

OBJECTIVE
The objective of this project is to put emphasis on the Privilege available to these members of
the Legislatures in accordance with their Freedom of Speech and Expression. This will
include the constitutional provisions available to them and how far can they go while

1
May, Parlaimentary Practice, 16th Edn., Chapter III, p.42.
expressing in the Houses without offending the Constitution or other laws and the
Government.
It is as legal immunity enjoyed by the members of certain Legislature in which Legislatures
are guaranteed protection against Civil and Criminal liability for actions done or the
statements to one’s duties as legislature.

RESEARCH METHODOLOGY
The research method adopted is purely doctrinal in approach wherein content on the subject
matter has been obtained through various standard books and authorities, debates and
newspaper articles. It, in no way, employs statistical or empirical inclination.