Parliamentary Privileges: Rights, Breaches, and Implications

Introduction

Parliamentary Privileges are special rights, immunities, and exemptions enjoyed by the two Houses of Parliament, their committees, and their members. The Constitution also extended it to the Attorney General of India, but the parliamentary privileges do not extend to the President who is also an integral part of the Parliament.

Sources and Scope of Parliamentary Privileges in India

Sources of Privileges

• Originally, the Constitution (Article 105) mentioned two privileges: freedom of speech in Parliament & right of publication of its proceedings.
• Till now parliament has not made any special law to exhaustively codify all the privileges.
• They are based on five sources, namely: Constitutional provisions; Various laws made by Parliament; Rules of both the Houses; Parliamentary conventions; and  Judicial interpretations.

Collective Privileges

• Right to publish its reports, debates and proceedings; right to prohibit others from publishing the same.
• Hold secret sittings to discuss some important matters. Excluding strangers from its proceedings.
• Make rules to regulate its own procedure and the conduct of its business and to adjudicate upon such matters.
• Punish members as well as outsiders for breach of its privileges or its contempt.
• Right to receive immediate information: Of the arrest, detention, conviction, imprisonment and release of a member
• Inquiries and orders the attendance of witnesses and sends for relevant papers and records.
• Courts are prohibited to inquire into the proceedings of a House or its committees.
• No person (either a member or outsider) can be arrested, and no legal process (civil or criminal) can be served within the precincts of the House without the permission of the presiding officer.

Individual Privileges

• Cannot be arrested during the session of Parliament and 40 days before the beginning and 40 days after the end of a session (applicable only in civil cases and not in criminal cases or preventive detention cases).
• Freedom of Speech: No member is liable to any proceedings in any court for anything said or any vote given by him in Parliament or its committees.
• Exempted from Jury Service: He/She can refuse to give evidence and appear as a witness in a case pending in a court when Parliament is in session.

Breach of Privileges

• It means when any individual or authority disregards or attacks any of the privileges, rights and immunities, either of the members individually or of the House in its collective capacity, it is punishable by the House.

Contempt of the House

• It refers to any act or omission that obstructs a House of Parliament, its member, or its officer in the performance of their functions or which has a tendency, directly or indirectly to produce results against the dignity, authority and honour of the House.
• Phrases, ‘breach of privilege’ and ‘contempt of the House’ are used interchangeably, Contempt of the House, however, has wider implications. 
  • There may be a contempt of the House without specifically committing a breach of privilege’. 
  • Likewise, actions which are not breaches of any specific privilege but are offences against the dignity and authority of the House amount to contempt of the House.

Conclusion

• Parliamentary privileges play a crucial role in ensuring the effective functioning of the legislative branch of government. 
• These privileges, which include freedom of speech, immunity from legal action for statements made in Parliament, and control over its own proceedings, are essential for parliamentarians to carry out their duties without fear of reprisal or interference.
  

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