Legislative Privileges

About Legislative Privileges

• Parliamentary privilege refers to rights and immunities enjoyed by Parliament as an institution and MPs in their individual capacity, without which they cannot discharge their functions as entrusted to them by the Constitution.
• According to the Constitution, the powers, privileges, and immunities of Parliament and MP’s are to be defined by Parliament.
• According to the Constitution of India, Articles 105 and 122 outline the privileges of Parliament.
• Articles 194 and 212 pertain to the privileges of state governments.
  • Article 105: There shall be freedom of speech in Parliament.
  • Article 105(2) of the Constitution: No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof.
• Article 122: The validity of any proceedings in Parliament shall not be called in question in court on the ground of any alleged irregularity of procedure.
• Article 194 and Article 212 are corresponding articles for the state legislature.
  • Article 194 of the Indian Constitution have mention about privileges of the state legislature
  • Privileges of a state legislature are a sum of special rights, immunities, and exemptions enjoyed by the state legislature and its members.
  • Privileges are considered necessary to secure the independence and effectiveness of the legislature and the actions of legislative members.
• Article 212 of the Indian Constitution stipulates that courts are not allowed to inquire into the proceedings of Parliament and State Legislatures, respectively.
  • It guarantees that the judiciary would not meddle in legislative matters.
• Each House of Parliament is the guardian of its privileges.
  • The Code of Civil Procedure protects MPs from arrest and detention in civil cases during a parliamentary session.
• A Breach of Privilege is the violation of the respective rights and immunities of either House of Parliament and State Legislative Assembly
• Note: Freedom of Speech granted to members of the State legislature is not absolute, as such freedom is subject to restrictions.
  • It is subject to the provisions of the Constitution and to the rules and standing orders regulating the procedure of the state legislature.
• In this regard, the Supreme Court has decided that a seven-judge Constitution Bench will hear and clarify whether legislative privilege can be used to restrict freedom of speech and press freedom under Article 19(1)(a).