Parliamentary Privileges

Question 1

Parliamentary Privileges: Definition

Answer 1

Parliamentary privileges are special rights, immunities, and exemptions enjoyed by the two Houses of Parliament, their committees, and members to secure their independence and effectiveness.

Question 2

Classification of Parliamentary Privileges

Answer 2

Parliamentary privileges are classified into:\n1. Collective Privileges – Enjoyed by each House collectively.\n2. Individual Privileges – Enjoyed by members individually.

Question 3

Collective Privileges of Parliament

Answer 3

Each House of Parliament enjoys the following privileges:\n1. Right to publish reports, debates, and proceedings (except secret sittings).\n2. Right to exclude strangers and hold secret sittings.\n3. Power to regulate its own procedure.\n4. Power to punish members and outsiders for breach of privileges.\n5. Right to receive immediate information of a member’s arrest or detention.\n6. Right to summon witnesses and demand documents.\n7. Prohibition on court inquiries into parliamentary proceedings.\n8. No arrest or legal process within the House’s precincts without presiding officer’s permission.

Question 4

Individual Privileges of Members

Answer 4

Members of Parliament enjoy the following privileges:\n1. Freedom from arrest in civil cases during a session and 40 days before and after it (not applicable in criminal cases).\n2. Freedom of speech in Parliament – No MP is liable in any court for their statements or votes (Article 105).\n3. Exemption from jury service – MPs can refuse to give evidence in court when Parliament is in session.

Question 5

Breach of Privilege

Answer 5

A breach of privilege occurs when any individual or authority disregards or attacks the privileges of a House or its members. It is punishable by Parliament.

Question 6

Contempt of the House

Answer 6

Any act or omission that obstructs Parliament, its members, or officers or lowers its dignity, authority, and honor is considered contempt of the House.

Question 7

Difference Between Breach of Privilege and Contempt of the House

Answer 7

1. Breach of privilege involves violating specific privileges.\n2. Contempt of the House is a broader term that includes any act undermining Parliament’s authority, even if no privilege is breached.

Question 8

Sources of Parliamentary Privileges

Answer 8

Parliamentary privileges are derived from:\n1. Constitutional provisions (Article 105).\n2. Laws made by Parliament.\n3. Rules of both Houses.\n4. Parliamentary conventions.\n5. Judicial interpretations.

Question 9

Status of Parliamentary Privileges in India

Answer 9

Originally, privileges were based on those of the British House of Commons (as of January 26, 1950). The 44th Amendment (1978) removed this reference, but Parliament has not yet codified all privileges.