A Sneak-Peak into Parliamentary Privileges in India

The Indian Parliament holds the power of the Indian Law-Making Procedure. The Parliament of India contains The Lok Sabha (Lower House), The Rajya Sabha (Upper House), and The President of India. These three portions are collectively known as THE PARLIAMENT OF INDIA. They are the essence of Indian Democracy and the most high-profile and powerful body of the nation. But as you know, that with every power comes some special luxuries and privileges and the parliament is no untouched by this rule. So, what are the privileges given to the highest authority of India?

Let us know…

About Parliamentary Privileges

Article 105 of the Constitution of India, ascertain different kinds of privileges that are bestowed to the Members of Parliament.

Article 105 in The Constitution Of India 1949[1]

105[2]. Powers, privileges, etc of the Houses of Parliament and of the members and committees thereof

(1) Subject to the provisions of this constitution and 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 was 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 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 shall be those of that House and its members and committees immediately before the coming into force of Section 15 of the Constitution (Forty-fourth Amendment) Act 1978

(4) The provisions of clauses ( 1 ), ( 2 ) and ( 3 ) shall apply concerning persons who under 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 about members of Parliament

Every member is entitled to enjoy his or her right with full dignity and without any hindrance from any other body of the government. The main aim behind assigning these special privileges to the people of the Parliament was to ensure the fact that The Parliament and its Members are Supreme and they are different than the rest of the other citizens of India when it comes to exercising Power or Law and Order. Apart from the Indian Constitution rulebook, these privileges are also mentioned in Rule No. 222 of the Lower House and Rule No. 187 of the Upper House instructions manual.

Who is Entitled to Enjoy Parliamentary Privileges?

As aforementioned, these rights are enjoyed by the members of Parliament individually as well as collectively. In addition to these, few people who are authorized by the Parliament itself to represent, deliver, and partake in the committee of Parliament are also entitled to privileges. However, their privileges are subject to restrictions.

Following are few Privileges enjoyed by the Members of the Parliament Individually as well as collectively-

1. Right over Publication of Debates during the Parliamentary Proceedings-

Every proceeding that is live-streamed by Indian Media can be barred from further publication by the members of Parliament if they find the publishing unfit and unnecessary or violating.

2. Right to Regulate Matters-

The Members possess the sole right of regulation of Internal Matters of the Parliament without any outside interference.

3. Right to Regulate Visitors-

To maintain the transparency and confidentiality of internal issues of the Parliament, it has all the rights to limit the number of people visiting the Parliamentary Proceedings.

4. Freedom of Speech-

Within the four walls of the Parliament, every member is free to give out his opinion without any fear.

5. Freedom from Arrest-

Members cannot be arrested or detained by police within the timespan of their service. However, this privilege is only applicable in civil matters and not in criminal cases.

Conclusion

In the end, I would only like to say that these privileges must be honored and not misused by the members of Parliament. These rights if used correctly can lead to drastic betterment of the country and hence they must ensure that these rights are enjoyed fruitfully without violating the respect and dignity of any citizen or body of India.


[1] https://indiankanoon.org/doc/1251904/

[2] http://constitutionofindia.etal.in/article_105/

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