Introduction

Parliamentary privileges are special rights, immunities and exemptions enjoyed by the members of the Parliament and their committees. They are necessary in order to secure the independence and effectiveness of their actions.

Parliamentary Privileges

• Under these privileges, the members of Parliament are exempted from any civil liability (but not criminal liability) for any statement made or act done in the course of their duties.
• It must be clarified here that the parliamentary privileges do not extend to the president who is also an integral part of the Parliament.
• The Constitution of India, 1950 (COI) has also extended the parliamentary privileges to those persons who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees. These include the attorney general of India and Union ministers.

Sources of Parliamentary Privileges

• Parliament, till now, has not made any special law to exhaustively codify all the privileges. They are based on five sources, namely:
  • Constitutional Provisions
  • Various laws made by Parliament
  • Rules of both the Houses
  • Parliamentary convention
  • Judicial interpretations

Types of Parliamentary Privileges

• Parliamentary privileges can be classified into two broad categories:
  • Collective Privileges
  • Individual Privileges

Collective Privileges

• Collective Privileges are enjoyed by each House of Parliament collectively and are as follows:
  • The right of the House to receive immediate intimation of the arrest, detention, conviction, imprisonment and release of a member.
  • Immunity from arrest and service of legal process within the precincts of the House without obtaining the permission of the Chairman/ Speaker.
  • Protection of publication of the proceedings of a secret sitting of the House.
  • The evidence tendered before a Parliamentary Committee and its report, and proceedings cannot be disclosed or published by anyone until these have been laid on the Table of the House.
  • Members or officers of the House cannot give evidence or produce in courts of law, documents relating to the proceedings of the House without the permission of the House.

Individual Privileges

• These privileges are enjoyed by the members individually and are as follows:
  • Immunity to a Member from any proceedings in any court in respect of anything said or any vote given by him in Parliament or any Committee thereof.
  • Immunity to a person from proceedings in any court in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.
  • Prohibition on the Courts to inquire into the validity of any proceedings in Parliament on the ground of any alleged irregularity of procedure.
  • Freedom from arrest of Members in civil cases during the continuance of the meeting of the House or of a committee thereof and forty days before its commencement and forty days after its conclusion.

Constitutional Provisions

• These privileges are defined in Article 105 of the COI.
• Article 105 of the COI deals with the powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof. It states that—

(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.

(2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.

(3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined.

(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament.

• Article 194 of the COI guarantees the same privileges to the Members of Legislative Assemblies of states.

Case Law

• In the State of Kerala v. K. Ajith (2021), the Supreme Court observed that privileges and immunities are not gateways to claim exemptions from the general law of the land, particularly as case of, the criminal law which governs the action of every citizen.