The Concept of Parliamentary Privileges | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• Parliamentary privileges can be understood as special rights or benefits granted to specific individuals, providing them with advantages over others. In the case of Raja Ram Pal vs Hon'ble Speaker, these privileges were defined.
• Article 105 and 194 of the Indian Constitution encompass provisions regarding the powers, privileges, and immunities of Parliament and its members in state legislatures.
• The exact scope of parliamentary privileges is not clearly defined. Section 3 of these articles pertains to the privileges of the House of Commons, encompassing all the privileges held by the House of Commons as of January 26, 1950.

Article 105 of the Indian Constitution

• Freedom of speech is ensured in Parliament, subject to constitutional provisions and parliamentary procedures.
• Members of Parliament are immune from legal proceedings in courts for their speech or votes in Parliament or its committees. Similarly, individuals are not liable for the publication of reports or proceedings authorized by either House of Parliament.
• The powers, privileges, and immunities of each House of Parliament and its members are subject to parliamentary definition by law. Until defined, they remain as they were before the Constitution (Forty-fourth Amendment) Act 1978.
• The provisions apply to individuals with the right to participate in Parliament or its committees as per the constitution, similar to MPs.

Article 194: Powers, Privileges, etc., of the House of Legislatures and of the Members and Committees Thereof

• Freedom of Speech: Freedom of speech is guaranteed in every State Legislature, allowing members to express their opinions without fear.
• Immunity of Members: Members of a State Legislature are protected from legal action for their speech or votes within the Legislature or its committees.
• House Powers and Privileges: The powers, privileges, and immunities of a State Legislature and its members are determined by the Legislature's laws. Until defined by law, these powers are those existing before the 44th Amendment Act of 1978.
• Applicability: The aforementioned provisions apply to individuals granted the right to participate in State Legislature proceedings.

Parliamentary Privileges and Fundamental Rights

Case: Gunnupati Keshavram Reddi vs Nafisul Hasan

• The arrest in this case was contested on the basis of violating Article 22(2).
• The Supreme Court invalidated the detention and ordered the release, citing a breach of Article 22(2).
• It was established that Article 194 and Article 105 are subject to Fundamental Rights under Article 22(2).

Case: M.S.M Sharma vs S.K Sinha

• The court ruled that Article 194(3) is bound by the provisions of Part III of the Constitution.
• Reference was made to the judgment in Gunnupati Keshavram Reddi vs Nafisul Hasan.

Article 143 Interpretation

• Regarding conflicts between Fundamental Rights under Article 19(1)(a) and privileges under Article 194(3), the latter takes precedence.
• The Supreme Court's stance under Article 143 prioritizes privileges over certain Fundamental Rights.

Right of Publication of Proceedings

• Article 105, Clause (2) ensures that individuals are protected from liability concerning the publication of reports, papers, votes, or proceedings authorized by a house of Parliament.
• Common law provides the defense of qualified privilege for accurate and fair unofficial reports of parliamentary proceedings. This defense applies to publications in newspapers or other mediums.

Conclusion

• Parliamentary privileges encompass the rights and immunities enjoyed collectively by the institution of Parliament, as well as individually by Members of Parliament (MPs) and Members of Legislative Assembly (MLAs).
• These privileges are defined by Parliament and include various rights and immunities afforded to MPs.
• A breach of privilege refers to a violation of any of these privileges belonging to MPs or Parliament. This can include actions that "cast reflections" on MPs, Parliament, or its committees, among other things.