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Discuss the Privileges and immunities of the Indian Parliament.
- January 25, 2023
- Posted by: Pallavi Singh
- Category: Blog
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Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members.
Parliamentary privileges are defined in Article 105 of the Indian Constitution.
Under these privileges, the members of Parliament are exempted from any civil liability (but not criminal liability) for any statement made or act done in the course of their duties.
These privileges are essential so that the proceedings and functions can be made in a disciplined and undisturbed manner.
Parliamentary Privileges can be classified into two broad categories :
A. Collective privileges: The privileges which are enjoyed by the members of the Parliament as a whole.
B. Individual privileges: The privileges which are provided to the members of the Parliament on an individual basis.
Collective Privileges of the Parliament :-
1) It is the collective privilege of the Parliament to publish or deny publishing the reports on debates and proceedings of the house
2) The Parliament has the right to exclude strangers from its proceedings.
3) The Parliament has the right to suspend or expel members in case of breach of privilege
4) The Parliament is entitled to punish outsiders or any member for any breach of privilege by means of imprisonment, reprimand and admonition.
5) It is the collective right of Parliament to receive immediate information about the arrest, detention, conviction, imprisonment and release of a member.
6) Indian Parliament can initiate enquiries and also has the right to call upon witnesses.
7) The Court cannot inquire into the proceedings of the houses and committees of the Parliament.
8)No person, who is a member or outsider can be arrested and no legal process, whether civil or criminal, can be served within the precincts of the House without the permission of the Presiding Officer.
Individual Privileges Of The Members Of The Parliament:-
1)No member of the Parliament can be arrested during the session and 40 days before the beginning and 40 days after the end of a session of the parliament.
2)The members of the Parliament are entrusted with the freedom of speech in both houses. The members of the Parliament are not liable to any court proceedings for the speech which is given in the Parliament or its committees.
3)The members of the Parliament are exempted from jury service. They may refuse to give evidence and appear as a witness in a case pending in a court when Parliament is in session.
Way Forward –
These privilege provides freedom of expression to the members of the Parliament and are conferred on the members for the smooth functioning of the parliament. At the same time, it is also important to protect the dignity, authority and honor of the Parliament. The members should use their privileges wisely and not misuse them.