Parliamentary Privileges

Privileges are some special rights, exceptions and immunities enjoyed by member of Parliament and state legislature, both individually and collectively, inorder to discharge their functions effectively. They are essential part of parliamentary democracy.

Parliamentary privileges are provided in Article 105 of the Indian Constitution. They are identical to that possessed by members of Legislature of state which are provided under Article 194 of the Constitution. Indian Constitution expressly mentions two privileges. They are freedom of speech in the parliament and the right of publication proceedings. According to Article 105(1) of the Constitution, subject to other provisions of the constitution there shall be freedom of speech in parliament. It is not subjected to any reasonable restriction and so it is an absolute freedom. Article 105(2) provide that no member of the parliament will be liable to any proceedings in any court to respect to anything he said or any vote given by him to parliament.

No person shall be liable for the publication of any report or proceedings. Even though freedoms and privileges under Article 105 are absolute, this privileges can be used in the premises of the parliament only, and not outside the parliament.

In addition to this expressed privileges, member of parliament have other privileges also. Even though they are not mentioned in the Constitution, members enjoy these rights. They are,

(i) Freedom from arrest:- A member of parliament cannot be arrested or imprisoned on a civil proceedings with in a period of 40 days before and after 40 days after the section of parliament. This privilege is available only against civil case; but not against criminal case or contempt of court

(ii) Right to exclude stranger from its proceedings and hold Secret session :- Members of Parliament can hold secret session on important matter.

(iii) Right to prohibit to publications of the reports and proceedings records:- Members of houses of parliament have the power to prohibit the publication of proceedings.

(iv) Right to regulate its internal proceedings :- The houses have exclusive right to regulate Its own internal proceedings and to adjudicate upon some matters.

(v)Right to make rules :- According to Art. 208 of the constitution, the houses have the right to make rules for regulating.

(vi) Right to punish members or outsiders for contempt

Privileges of members of state legislature are identical to this. They are provided under article 194 of the Indian constitution. According to Article 194(1) of the Constitution there shall be freedom of speech in the Legislature of every State. According to article 194(2) No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of a House of such a Legislature of any report, paper, votes or proceedings. Members of state legislature aslo haave those expressed and unexpressed rights.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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