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Indian Parliamentary Privileges

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Parliamentary Privileges are the special powers or rights which are enjoyed by members of parliament. Parliamentary Privileges are extraordinary liberties, defiance, and rebuffs satisfied by the two houses of Parliament. These Privileges are represented in Article 105 of the Indian Constitution. 

Under these honors, the individuals from Parliament are acquitted from any civil liability(still not the criminal obligation) for any affirmation formed or act suited over their scores. The privileges are warranted exactly when the existent is an individual from the house. When she/he finishes being a portion, the privileges are suspected to be repealed. Parliament has not formed any singular rule to organize every one of the privileges completely. They’re like innovated on five origins.

Origin of Parliamentary Privileges

As a result of the 1833 Charter Act, the lead representative board general was expanded to include a fourth component, marking the beginning of Parliamentary powers in India. A different kind of administration tool was created. 

This served as the foundation for an organization that eventually evolved into a reliable regulatory agency. The authority’s resistance to the assembly’s demands decreased after the Indian Councils Act of 1909 made it possible for the council to engage in covert political maneuvering. The Government of India Act of 1935 guaranteed the right to free speech in the council.

The Constitution now protects certain of the privileges of Parliament, as well as those of its members and panels, and several rules. The key constitutional provisions governing parliamentary privileges in India are Articles 105 and 122, whereas the explicit state provisions are Articles 194 and 212.

Use of Parliamentary Privilege

  1. Rights, exemptions, and immunities provided to members of each house of the parliament committees secure independence and effectiveness of the actions taken.
  2. It helps to maintain the authority, dignity, and honor of members of parliament.
  3. It helps to secure the members of houses from obstruction in the discharge of any action.

Types of Indian Parliamentary Privileges

Parliamentary Privileges can be classified into two broad categories:

  1. Individual Privileges.
  2. Collective Privileges.

Individual Privileges

No member may be detained between the 40 days prior to the start of the session and the 40 days following its conclusion. This privilege is only available in civil cases; it is not available in criminal proceedings or instances involving preventive custody.

Members of parliament have the freedom to speak their minds. Any statements made or votes cast in the parliament or its committees are not subject to judicial review. The articles of the Constitution as well as the conventions and procedures governing how Parliament conducts itself place restrictions on this freedom.

When Parliament is in session, members are exempt from jury duty. They are free to testify in court without providing any proof.

Collective Privileges

  1. Freedom of speech is guaranteed in Parliament, subject to the provisions of this constitution and the rules and standing orders governing its conduct.
  2. No member of Parliament shall be subject to proceedings in any court with respect to anything said or any vote cast by him in the House of Commons or any of its committees, and no person shall be subject to such liability with respect to the publication of any report, paper, votes, or proceedings by or under the authority of either House of Parliament.
  3. In all other respects, each House of Parliament’s members, committees, and powers, privileges, and immunities shall have such powers, privileges, and immunities as may from time to time be determined.
  4. The provisions of sections (1), (2), and (3) shall apply to individuals who, pursuant to this constitution, have the right to speak in and otherwise participate in proceedings of a House of Parliament or any committee thereof, in the same manner as they do for members of Parliament.

Sources of Parliamentary Privileges

  1. Constitution(Article 105)
  2. Rules of houses
  3. Various Acts made by Parliament
  4. Parliament Conventions
  5. Judicial Interpretations 

FAQs on Parliamentary Privileges

Question 1: Which article deals with the parliamentary privileges of the state legislature?


Article 105 and Article 194 grant the parliamentary privileges to state legislature.

Question 2: What are parliamentary privileges?


It refers to the legal immunity enjoyed by members of certain legislatures, in which the legislators are granted protection against civil or criminal liability for actions done or statements made during legislative duties.

Question 3: Who enjoys parliamentary privileges?


It is granted to the members of legislatures worldwide.

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Last Updated : 09 Jan, 2023
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