WHAT IS PARLIAMENTARY PRIVILEGE?
The parliamentary privilege allows members of the House to enjoy certain rights and immunities that enable them to effectively and efficiently perform their parliamentary duties without hindrances.
Notably, Erksine May defines parliamentary privileges as “Parliamentary privilege is the sum of the peculiar rights enjoyed by each House collectively and by Members of each House individually, without which they could not discharge their functions, and which exceed those possessed by other bodies or individuals. Thus privilege, though part of the law of the land, is to a certain extent an exemption from the general law.” It is a set of special rights enjoyed by each House collectively and by members of each House individually. Indian Constitution’s Articles 105 and 194 deal with these powers, privileges and immunities.
Contents
• Why is Parliamentary Privilege in News?
• Parliamentary Privilege in the UK
• Parliamentary Privilege in Canada
• Parliamentary privilege in Singapore
• Parliamentary Privilege in India
• Observation
Why is Parliamentary Privilege in News?
Rajya Sabha Chairman Jagdeep Dhankhar recently directed a parliamentary committee to investigate the alleged breach of parliamentary privilege by 12 opposition MPs for their “disorderly conduct” that caused the frequent adjournments in the first phase of the recent Union Budget.
Parliamentary Privilege in the UK
Freedom of Speech, Freedom from arrest, and Access to the Commons to the Crown. The members who speak in the house cannot be defamed. Nobody shall comment on the speech made by the members of the parliament in the UK.
Parliamentary Privilege in Canada
Freedom of speech, freedom from arrest, exemption from the jury, exemption from appearing as a witness, freedom from interference, obstruction, molestation, and intimidation.
Parliamentary privilege in Singapore
Members of the parliament cannot be prosecuted for things that are happening on the floor of the parliament.
Parliamentary Privilege in India
Members of Parliament are not liable for any court proceedings. He or she cannot be questioned for the votes given by him or her.
Observation
As you can see, compared to other countries, the parliamentary privileges enjoyed by Indian parliamentarians are very limited.
POINTS TO REMEMBER:
Privileges:
Freedom of Speech in Parliament:
The freedom of speech and expression guaranteed to a citizen under Article 19(2) is different from the freedom of speech and expression provided to a member of the parliament.
It has been guaranteed under Article 105(1) of the Indian constitution. But the freedom is subject to rules and orders which regulate the proceedings of the parliament.
Limitations:
Freedom of speech should be in accordance with the constitutional provisions and subject to rules and procedures of the parliament, as stated under Article 118 of the Constitution.
Under Article 121 of the Constitution, the members of the parliament are restricted from discussing the conduct of the judges of the Supreme Court and the High Court.
Freedom from Arrest:
The members enjoy freedom from arrest in any civil case 40 days before and after the adjournment of the house and also when the house is in session.
No member can be arrested from the limits of the parliament without the permission of the house to which s/he belongs so that there is no hindrance in performing their duties.
If the detention of any members of the parliament is made, the chairman or the speaker should be informed by the concerned authority, of the reason for the arrest.
But a member can be arrested outside the limits of the house on criminal charges against him under the Preventive Detention act, the Essential Services Maintenance Act (ESMA), the National Security Act (NSA), or any such act.
Right to Prohibit the Publication of Proceedings:
Article 105(2) of the Constitution, no person shall be held liable for publishing any reports, discussions etc. of the house under the authority of the member of the house.
For paramount and national importance, it is essential that the proceedings should be communicated to the public to aware them of what is going on in the parliament.
Right to Exclude Strangers:
The members of the house have the power and right to exclude strangers who are not members of the house from the proceedings. This right is very essential for securing free and fair discussion in the house.