Provisions on The Breach of Privilege

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  • According to the Article 194 of the Indian Constitution, there are privileges provided to the state legislature, its members and committees and Article 105 does the same for Parliament and its members.
  • Privileges such as freedom of speech in state legislature/Parliament, immunity to proceedings in court for anything said in the legislature/ Parliament, the House also has power to punish.
  • When any of these rights, both of the members individually and of the Assembly in its collective capacity, are disregarded or attacked by any individual or authority, the offence is called a breach of privilege. This is punishable under the law of Parliament.
  • This may include publishing of news items, editorials or statements made in newspaper/magazine/TV interviews or in public speeches.
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