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DAILY
CLASS NOTES
INDIAN POLITY

Lecture – 61
Parliamentary Privileges
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Parliamentary Privileges
Removal Procedure of the Speaker of Lok Sabha:
❖ The Speaker can be removed by a resolution passed by a majority of all the members of the Lok Sabha but
an advance notice of minimum 14 days is required.
❖ He cannot preside the House when a resolution for his removal is under consideration
❖ He can speak and take part in the proceedings of the House at such a time.
❖ Whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly-
elected Lok Sabha meets.

Powers and Functions of the Speaker of Lok Sabha:

❖ The Speaker is the head of the Lok Sabha.
❖ He is the guardian of powers and privileges of the members of the House.
❖ He is the principal spokesman of the House, and his decision in all Parliamentary matters is final.
❖ He maintains order and decorum in the House and has final power in this regard.
❖ He is the final interpreter of the provisions of:
➢ Constitution of India
➢ Rules of Procedure and Conduct of Business of Lok Sabha
➢ Parliamentary preceedents within the House.
❖ He adjourns the House or suspends the meeting in absence of a quorum.
❖ He cannot vote in the first instance.
❖ He can exercise a casting vote in the case of a tie.
❖ He presides over a joint sitting of the two Houses of Parliament.
❖ He can allow a ‘secret’ sitting of the House at the request of the Leader of the House.
❖ He decides whether a bill is a money bill or not and his decision on this question is final.
❖ He decides the questions of disqualification of a member of the Lok Sabha, arising on the ground of defection
(Tenth Schedule). This decision is subject to judicial review
❖ He acts as the ex-officio chairman of the Indian Parliamentary Group. This group acts as a link between the
Parliament of India and the various parliaments of the world.
❖ He appoints the chairman of all the parliamentary committees of the Lok Sabha and supervises their
functioning.
❖ He is the chairman of the Business Advisory Committee, the Rules Committee and the General Purpose
Committee.

Independence and Impartiality of the office of Speaker:

❖ He is provided with a security of tenure.
❖ Salaries and allowances are fixed by Parliament and charged on the Consolidated Fund of India
❖ Speaker does not resign from the membership of his party. In Britain, The Speaker has to resign from his party
and remain politically neutral.
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❖ His work and conduct cannot be discussed and criticized in the Lok Sabha except on a substantive motion.
❖ His powers of conducting business or maintaining order in the House is not subject to judicial review
❖ He is given a very high position (6th rank) in the order of precedence along with the Chief Justice of India.

Charged Expenditure vs. Voted Expenditure:

❖ Charged Expenditure: It is the expenditure ‘charged’ upon the Consolidated Fund of India. This is non-
votable (doesn't require the approval of Parliament) and can only be discussed in the Parliament.
❖ Voted Expenditure: It is the expenditure ‘made’ from the Consolidated Fund of India. This is votable. The
estimates of Voted expenditure shall be submitted in the form of Demands for Grants to the House of
People (Lok Sabha) and the Lok Sabha shall have power to assent, or to refuse to assent, to any demand, or
to assent to any demand subject to a reduction of the amount specified therein".

Expenditure charged on the Consolidated Fund of India:

❖ The emoluments and allowances of the President and other expenditure relating to his office.
❖ The salaries and allowances of the Chairman and the Deputy Chairman of the Council of States and the
Speaker and the Deputy Speaker of the House of the People.
❖ Debt charges for which the Government of India is liable including interest, sinking fund charges and
redemption charges, and other expenditure relating to the raising of loans and the service and redemption of
debt.
❖ The salaries, allowances and pensions payable to or in respect of Judges of the Supreme Court
❖ The pensions payable to or in respect of Judges of any High Court which exercises jurisdiction in relation to
any area included in the territory of India.
❖ The salary, allowances and pension payable to or in respect of the Comptroller and Auditor General of
India.
❖ Any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal.
❖ Any other expenditure declared by this Constitution or by Parliament by law to be so charged.

Important Judgments of Indian Judiciary:

Keshav Singh Case, 1964:
❖ The Keshav Singh case had in 1964 provoked a constitutional crisis and first defined the separation of
powers between the judiciary and legislature – two key arms of democracy in India.
❖ In 1965, the Supreme Court in its ruling in the case interpreted certain important provisions of the Constitution:
➢ One was Article 194 (3), which states that the powers, privileges and immunities of the state legislature
should be defined by law.
➢ Another provision of the Constitution the Supreme Court interpreted was Article 211. It was argued that
the assembly resolution requiring the attendance of judges to explain their conduct was in violation of
Article 211.
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Search Light Case, 1959:

❖ The Supreme Court in the Search Light Case, 1959 held that the publication of an expunged portion of
speech constituted a breach of the privilege of the House. In India, the House of Parliament has the power
to prohibit the publication of proceedings.
❖ The Supreme Court ruled that publication of inaccurate or mashed versions of speeches delivered in the House
or misreporting the proceedings amounts to breach of privilege.
❖ The Court held that publication of those parts of proceedings by a newspaper which were expunged by the
House amounts to breach of privilege of the House and the offending party can take action in spite of protection
from Article 361A.

❖ Article 211 of the Constitution: It states that no discussion shall take place in the Legislature of a State
with respect to the conduct of any judge of the Supreme Court or of a High Court in the discharge of
his duties.
❖ Article 212 of the Constitution: It states that the validity of any proceedings in the Legislature of a State
shall not be called in question on the ground of any alleged irregularity of procedure.
❖ Article 361-A: It was added by the Constitution 44th Amendment Act, 1978 which says that no person
shall be liable to any proceedings, civil or criminal in any Court of law in respect of any publication
in a newspaper of a substantially true report of any proceedings of either House of Parliament or
Legislative Assembly, unless the publication is proved to have been made with malice.

Legal Rights are of 4 types:

❖ Liberty Rights: There is no burden of duty. They are special rights known as Privileges since they are not
enjoyed by all.
❖ Powers: Powers conferred on Parliamentarians.
❖ Immunities: Protection available to Parliamentarians.
❖ Claim Rights: There is a burden of duty in accordance with the rights.

What are Parliamentary Privileges?

❖ Parliamentary privileges are special rights, powers, immunities and exemptions enjoyed by the two Houses
of Parliament, their committees and their members.
❖ It is also extended to those persons who are entitled to speak and take part in the proceedings of a House
of Parliament or any of its committees ( attorney general of India and Union ministers).
❖ Although the President is a part of the Parliament, Parliamentary Privilege does not extend to the president.
❖ Parliamentary Privileges are conferred on the Attorney General of India under Article 88 and Article 105.
❖ Comptroller and Auditor General of India also has Parliamentary Privileges.

Object of Parliamentary Privileges:

❖ For ensuring the efficiency and effectiveness in discharging functions of the Parliament.
❖ For ensuring the Independence of action and dignity of the house.
❖ For ensuring Parliament works as a National forum of debate and Parliamentarians work as a National law
maker.
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Four Sources of Parliamentary Privileges:

❖ Constitution:
➢ Article 105(1): Freedom of Speech in Parliament.
➢ Article 105(2): No member of the Parliament shall be liable in any court for anything said and any vote
casted.
➢ Article 105(3): Right to publish reports and proceedings of Parliament.
➢ Article 118: Each house of the Parliament may make rules for regulating its proceedings.
➢ Article 122: Court cannot inquire in any proceedings of the Parliament.
➢ Article 194(1): Freedom of speech in the legislature of every state.
➢ Article 194(2): No member of the Legislature of a State shall be liable to any proceedings in any court in
respect of anything said or any vote given by him in the Legislature or any committee
➢ Article 194(2): no person shall be so liable in respect of the publication by or under the authority of a
House of such a Legislature of any report, paper, votes or proceedings
➢ Article 361-A: It was added by the Constitution 44th Amendment Act, 1978 which says that no person
shall be liable to any proceedings, civil or criminal in any Court of law in respect of any publication in a
newspaper of a substantially true report of any proceedings of either House of Parliament or Legislative
Assembly, unless the publication is proved to have been made with malice.
❖ Law
❖ Rules
❖ Convention

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