Parliament Privileges in India

Privilege may be defined as exceptional right and exemption. The expression “Privilege and Immunity”, under the
Constitution of India and in the arena of Parliament, donates certain special and exceptional rights of Lok Sabha and
Rajya Sabha or its individual members who are generally accepted as necessity for the implementation of
constitutional functions

Who Enjoys Parliamentary Privileges?

The privileges only given to the members of the Parliament, and also conferred on the person who actively participate
in any of the committee and in the function of the parliament, just like it incorporates on Attorney General and union
ministers but in case of
President, even though he is a part of Parliament, does not entrusted with parliamentary privileges.
Sir Thomas Erskine define the expression “Parliamentary Privilege” as the total sum of the specific rights enjoyed by
each House of Parliament collectively is a constituent part of Parliament, and by the members of every house of
Parliament one by one, without which they could not proceed with their functions, and which exceed those possessed
by different bodies and people.
 Article 105
Privileges, power, right etc for the two houses of Parliament individually and of the members and committees thereof-

1) Comes under the concern in the provisions of the constitution and the rules, regulations and standing
circulations which mandates procedure and conduct of Parliament, and it shall be necessary that freedom of
speech in every house of parliament provided without any checks and balances.
2) No member of the Parliament should be made liable for any proceeding initiated against him in the court in
respect of anything said, vote which was given by him or any committee thereof, and no person should be made
liable in context to the publication by him or under any authority empowered by either house of Parliament of
any report, vote, proceeding or paper.
3) the privileges immunity and power of each of the two houses of Parliament and of its members and committees
thereof, shall be such as may define time to time and provided by the Parliament itself and through established
procedure by law, and, until so defined shall be a matter of concern for those of that house and of members of
that house and for its committees immediately before the date of initiation of section 15 of the constitution
4) above mentioned constitutional provisions of clauses (1),(2) and (3) shall apply in relation to the person who by
virtuness has the right to freedom of speech, and otherwise to take part in proceedings of the Parliament of any
of its committee thereof, the clauses will apply in relation to the Parliament.
 Article 194
1) This subject comes under the provisions of the constitution and rules, regulations and standing orders which
regulates the procedure of the State Legislature, and there shall be freedom of speech for the member of
legislature in every state.
2) No member of the state legislature shall be compelled for any proceeding initiated against him in any court of
law in regards to anything utter or any vote given by him or her in the state legislature and any of its committee
thereof, and no person shall be made liable to prosecute in the context of the publication by him or under any
authority of a house of state legislature of any paper, vote, report, or proceedings.

3 the privileges and immunities of the house of the state legislature, and of its members and the committees of the
house os state legislature shall be such as may be defined by the state legislature from time to time though
established procedure of law, and, until so define, shall be the subject matter to those of that house and of its member
and its committee thereof, immediately before the section of 26 of the constitution
4 constitutional provisions of clauses 1,2 and 3 shall apply in relation to the person who by virtuness of this constitution has the right to
freedom of speech, and the other way around to take part in the proceedings of the house of the state legislature and any of its committee
thereof as they pertain in relation to members of the state legislature.
 Types of Parliament Privileges
Collectively enjoyed by the member of Parliament

● No person whether a member or a stranger can be arrested and no legal proceedings can be initiated against him either criminal or
civil, within the premises of the house of the Parliament and without the approval of the proceedings officer of that particular house.

● No court shall have the right to investigate the proceedings of any house of the parliament and any of its committees.

● Parliament shall have the power to exclude guests or visitors from the meeting of the house or also have the power to conduct a secret
meeting if the matters of national importance or any matter of public importance.

● Parliament shall have the right to penalize its member or an outsider for committing the breech of its privileges. And for contempt by
reprimand, admonition or imprisonment and also have the right to expel and suspend in case of a member.
● When a parliament is in session, a member of Parliament or a person on whom this right and immunities
conferred may refuse to appear in court of law or to present any evidence in court.

● Members of the Parliament cannot be arrested when the sitting of the Parliament in session and 40 days
before the commencement and 40days after the end of the session.
● No member shall be made liable to any proceeding in any court for whatever he or she said or any vote
given by him or her during the session in the Parliament or its committees.
 Freedom of Speech
The spirit of the parliamentary form of democracy is frank free, and valiant discussions in the house of the parliament. For the
authority like parliament freedom of speech plays a very indispensable role that provides opportunities to the members of the houses
to express their feelings without any sort of fear, hesitation, being penalized for offences such as defamation, innuendo, etc..
Article 105, clause (1), expressly protect the right to freedom of speech in Parliament. It provides that there shall be complete
freedom of speech in Parliament. Clause (2), further states that no member of each house of the Parliament shall be made liable for
any proceedings in any court of law in regards to anything said or any vote given by him or her in parliament or any committee of
parliament.
No action is initiated against the member, for the offence of defamation or in the context of words said in Parliament or its
committees, neither civil nor criminal. No imprisonment is there for the mere spoken words by the immunity, it extends to votes, as
clause (2) specifically provides that any vote given by him/her in parliament or committee thereof. Though it can concluded that, the
freedom of speech shall extend to other conducts which is done and having a nexus with proceedings of each house, such as, for
notice of questions, motions, reports of committee and the resolutions.
It is important to consider that clause (1) of article 105 comes under the subject to the provisions of the constitution and to the
standing orders and rules for the regulation and procedures of the Parliament. The word regulation for the procedure of Parliament
comes in clause (1) should be read in that manner so that it apply to provisions of both i.e constitution and the rules and standing
orders and circulations.
The freedom of speech described under article 105 (1) having a peculiar interest and different from that right which a citizen enjoy as
a fundamental right provided under article 19 (1) (a). The fundamental right, freedom of speech, does have the power to protect an
individual completely for what he says. The right is come under clause (2) which is subject to reasonable restrictions of article 19 of
the constitution. The term freedom of speech which used for article 105(1) provides that no member of Parliament shall be made
liable to any proceedings initiated against him, whether civil or criminal, in any court of law and for the statement made in house while
debating in either house of Parliament or any committee thereof.
Article 105 (2) confers privileges, in respect of anything said on the floor of the Parliament. The word “anything” is considered as
widest concept and it is parallel to as a whole. The only restriction arises from the word in the Parliament, which means during the
session of Parliament and in the course in the transaction of the Parliament. Once it was proved that Parliament was in session and it
business was carried out, anything uttered during the course of that business was completely immune from proceedings initiated
against the member in any court. This immunity is not absolute but works in respect to the Parliament.
It is one of the alluring features of the parliamentary form of government that the people’s chosen representative should be free to
express themselves and their views without any fear of intimidation or any legal consequences. What they said comes only under the
purview of the discipline and regulation of the Parliament, the good conduct of the members and the control of the proceedings by
the presiding officer. The court has no right to say and interfere in the matter of the Parliament and should really have none.
Some limitations are also there which should be followed in relation to claim privileges
● Freedom of speech should be according to the constitutional provisions and subject to the procedures and rules of the
parliament, provided under article 118 of the Indian constitution.

● Article 121 of the Indian constitution confers that, the member of the parliament are not allowed to discuss the manner and the
judgement given by the judges of the supreme court and the high court. But, even if this occurs, it is an internal matter of the
parliament and the court has no right to interfere in it.

● No immunity and right could be claimed and held back by the members for anything which is said outside the proceedings and
premises of the parliament.