- PARLIAMENTARY PRIVILEGES
UNIT 9 – THE PARLIAMENT – PART 3
PARLIAMENTARY PRIVILEGES
The parliamentary privileges are special immunities and advantages enjoyed by the Parliament as an institution, its members as individuals and its committees over the citizens of India. These privileges provide insulation to the members of Parliament for their actions from the general laws and ensures their effective functioning. The powers and privileges of Parliament and its members are dealt with in article 105.
Article 105(1) of the constitution ensures freedom of speech in the Parliament, subject to the provisions of the constitution and the rules and orders that regulate the functioning of Parliament.
The freedom of speech guaranteed under article 19(1)(a) and 105(1) are not the same. Under article 105(1), only immunities are provided from prosecution for anything said in the Parliament. The freedom of speech under this article includes freedom to express, hence it provides protection against any votes given in the house or its committees, questions raised, motions and resolutions passed, publishing of reports and so on. These cannot be questioned in any court of law.
Note: ● Use of unparliamentary terms and unparliamentary conduct are prohibited. ● Article 105 does not allow for discussing the conduct of judges of Supreme Court and the High Courts. ● The protection under this article is available only when a member attends the session. ● When a member publishes his speech outside the Parliament, he can be held liable for defamation or otherwise. ● The privileges are not explicitly enumerated in the constitution. It has empowered the Parliament to enact laws for determining the privileges. ● The privileges and immunities are available even for persons who have the authority to speak in or participate in the proceedings of the houses or their committees such as the Attorney General of India and the Ministers. |
The parliamentary privileges include the following in addition to the freedom of speech and expression guaranteed under article 105(1).
- Freedom from arrest:
The Members of Parliament cannot be arrested in civil proceedings during the session and 40 days before and after the session. This immunity is not available for criminal proceedings, preventive detention and contempt of court.
- Right to exclude strangers:
Each house has the freedom to hold secret meetings by excluding the non-members from attending them.
- Right to prohibit the publication of its proceedings:
Any part of the proceedings of the houses can be removed by the respective presiding officers and can be prohibited from publishing.
- Right to regulate internal proceedings:
Each house has the liberty to frame rules to regulate the procedure of conduct of its business. These cannot be questioned in the courts.
- Right to punish for the contempt of the house:
Each house has the power to punish both its members and non-members for breaching the privileges.
- Freedom from appearing as a witness in courts:
The members are free from appearing as witnesses in the courts and are allowed to attend the sessions to carry out their duties.
PARLIAMENTARY PRIVILEGES AND THE FREEDOM OF PRESS:
The freedom of press guaranteed under article 19(1)(a) is restricted to certain extent by the parliamentary privileges. The Press can be held liable in the following cases
- For publishing matters related to the character of Members of Parliament.
- Premature publishing of proceedings of the houses
- Misreporting the proceedings of the houses
- Publishing the parts of proceedings that are removed by the presiding officers.
However, the freedom of press is unrestricted in the following cases
- For publishing reports that are substantially true
- For publishing any proceeding of the houses of Parliament except for secret meetings and parts of proceedings that are removed by the presiding officers.
- For publishing reports that are made for public good.