Privileges of State Legislatures: Ensuring Autonomy and Functionality

Introduction

State legislatures possess certain privileges that are integral to their functioning and autonomy within the broader framework of governance. These privileges serve as safeguards to uphold the independence and efficacy of state legislative bodies in the democratic process.

• Privileges = Special rights + Immunities + Exemptions enjoyed by the houses, their committees & members.
• Privileges Extended to: The Constitution has also extended these privileges to those persons who are entitled to speak & take part in the proceedings of the House of State Legislature or any of its committees. These include the Advocate General of State and ministers.
• Not Extend to Governor: The privileges of the state legislature do not extend to the governor who is also an integral part of the state legislature.

Collective Privileges of Legislative Bodies in India

• Privileges Related to Publication: Right to publish reports, debates & proceedings; Right to prohibit others from publishing the same.
• Secret Sitting: Hold secret sittings to discuss important matters and excluding strangers.
• Authority to Establish Rules: Can make rules to regulate its own procedure; conduct of its business & to adjudicate upon such matters.
• Power to Penalise: Punish members as well as outsiders for breach of its privileges or its contempt by reprimand, admonition or imprisonment.
• Right to receive immediate information of arrest, detention, conviction, imprisonment and release of members.
• Inquiries and Summon Witnesses: Initiate inquiries and order the attendance of witnesses & send for relevant papers and records.
• Courts are prohibited to inquire into the proceedings of the house or its committees.
• Immunity from Arrest and Legal Process: No person (either a member or outsider) can be arrested and no legal process (civil/criminal) can be served within the precincts of the house without the permission of the presiding officer.

Individual Privileges of Members in State Legislatures in India

• Immunity from Arrest for Members: Members cannot be arrested during the session and 40 days before the beginning and 40 days after the end of such session (only in civil cases and not in criminal cases or preventive detention cases.)
• Freedom of Speech: Members have freedom of speech in the state legislature. No member is liable to any proceedings in any court for anything said or any vote given by him in the state legislature or its committees.
• Exemption from Jury Service: Members are exempted from jury service. They can refuse to give evidence & appear as witnesses in a case pending in a court when the state legislature is in session.

Conclusion

These privileges empower legislatures to regulate their proceedings, maintain order, protect their members from undue interference, and uphold the confidentiality of their deliberations. While ensuring the smooth conduct of legislative business, these privileges also serve to preserve the independence and dignity of state legislative bodies.

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