Parliamentary privileges
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- These are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members.
- These are governed by precedents by British parliamentary conventions.
- These are mentioned in Article 105 for Parliament and in Article 194 for the state legislatures.
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ARTICLE 105 AND ARTICLE 194 ARTICLE 105
ARTICLE 194
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Sources:
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- Constitutional provisions
- Various laws made by Parliament
- Rules of both the Houses
- Parliamentary conventions
- Judicial interpretations
Types:
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- Individual privileges- Individually enjoyed by the member of parliament
- Collective privileges- Collectively enjoyed by the members of parliament
| Collective privileges | Individual privileges |
|---|---|
| • Right to publish its reports, debates, and proceedings. • Right to exclude strangers from its proceedings • Right to make rules to regulate its own procedure • Right to punish members as well as outsiders for breach of its privileges • The courts prohibited inquiring into the proceedings of a House. • No person can be arrested without the permission of the presiding officer. | • Members cannot be arrested during the session of Parliament 40 days before the beginning and 40 days after the end of a session. • Members have freedom of speech in Parliament, and no member is liable to any proceedings in any court • They are exempted from jury service when Parliament is in session. |
Rationale
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- To allow individuals to participate in parliamentary proceedings, discussions, deliberations without any obstruction.
- To ensure freedom of speech without fear.
- To ensure the independence and integrity
- To maintain dignity and respect of the house.
Breach of privilege
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- Breach of privilege is the violation of respective rights or immunities of the members of either House of Parliament or the State Assembly.
- It is a punishable offence. The form of punishment is decided as per the severity of the breach in accordance with the general law of Parliament.
Weakness and criticism
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- Undefined scope and limits of privileges
- Conflict with constitutional principles like right to equality
- Lack of clarity as not codified
- Considered undemocratic
Important judgments
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- V. Narasimha Rao vs State Case, 1998- Lawmakers accepting bribes could not be prosecuted for corruption if they follow the process.
- State of Kerala Vs. K. Ajith and Others 2021- Privileges and immunities not gateway to claim exemption from other laws.
- Sita Soren Vs Union of India Case, 2024- Parliamentarians do not enjoy immunity for acts of bribery.
Relationship between Article 19(1)(a) and Article 105 and 194
| Article 19(1)(a) | Article 105 and 194 |
|---|---|
| • It is for citizens. • It is not related to any physical space rather the territory of country. • It is subject to reasonable restrictions. • Violation can result in invoking Article 32 and 226. | • It is for MPs and MLAs. • It is related to physical space like premises of legislature and proceedings of house. • There is no such provision for restrictions. • The court jurisdiction is barred as per Article 122. |
Some relevant cases:
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- Gunupati Keshavram Reddy vs. Nafisul Hasan & State of U.P.- K. Reddy not produced before a magistrate within 24 hours of his arrest. SC invoked Article 22 to release him. It gave preference to FRs over privileges.
- The Pandit M.S.M. Sharma v. Shri Sri Krishna Sinha and Others case- Addressed the conflict between the freedom of the press and the privileges of legislative assemblies.
- In special reference case 1964- SC gave preference to fundamental rights over Article 105 & 194.
- Facebook and Delhi Assembly case- Court failed to give conclusive view on relationship between Article 19(1)(a) and Article 105/194.
Relationship between breach of privilege and contempt of house
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- All breach of privileges is considered contempt of house, but all contempt of house are not breach of privilege.
| Breach of privilege | Contempt of house |
|---|---|
| When someone disregards or attacks the privileges, rights and immunities either of the member individually or of the House in its collective capacity. | Civil contempt means willful disobedience to any judgement, order, writ or other process of a court or willful breach of an undertaking given to a court. Criminal contempt means the publication of any matter or doing an act which– a) Scandalizes or lowers the authority of a court; or b) Prejudices or interferes with the due course of a judicial proceeding; or c) Interferes or obstructs the administration of justice in any other manner. |
Privileges and code of ethics
| Privileges | Code of ethics |
|---|---|
| • They are related to proceeding, freedom of speech, immunity from arrest etc. • It is related to process and physical space freedom. • Its scope is narrow. • It may not help in promotion of discipline and order in house. | • They are related to quality of conduct and about what one speaks. • It is related to conduct. • Its scope is wide. • It can help in promotion of discipline and order in house. |
Efforts to adopt code of ethics
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- N. Vohra Committee 1993 highlighted nexus between politicians, criminals and bureaucracts.
- Ethics committee constituted in 1995 and its recommendations resulted in adoption of guidelines for ethical conduct for both LS and RS.
- Vice President in its 15-point suggestions for political reforms for effective functioning of parliament recommended code of ethics.
- ARC II recommended not just adoption of code of ethics, but also ethics commissioner in each house to enforce code of ethics.
