The Indian Parliament: Privileges to Powers | Important Acts and Laws for Judiciary Exams PDF Download

Parliamentary Privileges

• Parliamentary privileges are special advantages granted to parliamentarians to enable them to perform their duties efficiently and without fear.
• These privileges are enshrined in the Indian Constitution under Article 105 and 122.
• An example of a parliamentary privilege is the freedom of speech guaranteed to parliamentarians under Article 105, allowing them unrestricted speech during proceedings.
• Parliamentary privileges are not codified in India and are modeled after the House of Commons in England.
• These privileges are meant to maintain the independence and dignity of parliamentary functioning.
• However, the exercise of these privileges must be balanced with the role of the judiciary to avoid overstepping boundaries.
• Example: In the Keshav Singh case, the conflict between the Judiciary and Legislature arose when the assembly issued a warrant against high court judges for a decision made in favor of a person punished by the parliament.
• Example: The Searchlight case highlighted the precedence of parliamentary privilege over the fundamental right of freedom of speech and expression, impacting press freedom in India.
• Example: Instances like the Tamil Nadu legislative assembly issuing arrest warrants against journalists for criticism indicate the exercise of power in penalizing for contempt.
• Example: The need to codify privilege laws in India is crucial to define and regulate parliamentary privileges more effectively.