Parliamentary Privileges

Notes

Parliamentary privileges are special rights, immunities and exemptions enjoyed by the Houses, their committees and members, so that they can discharge their functions without obstruction. Art. 105 gives them for Parliament and Art. 194 for State legislatures. The Constitution does not codify them; Art. 105(3) says they are those of the House of Commons at the commencement of the Constitution, until defined by law. No law has been made. Under Art. 122 the courts cannot question the validity of proceedings in Parliament on the ground of irregularity.

Collective privileges (of the House)

Right to publish its debates and proceedings and to prohibit publication by others (e.g., of expunged portions).
Right to exclude strangers and hold secret sittings.
Right to regulate its internal affairs.
Right to punish members and outsiders for breach of privilege and contempt: admonition, reprimand, suspension, expulsion, or imprisonment.
Right to be informed immediately of the arrest, detention, conviction, imprisonment or release of a member.
Right to prohibit the arrest of members within the House precincts without the Speaker's permission.

Individual privileges (of members)

Freedom of speech in Parliament (Art. 105(1)), subject only to the Constitution and the rules of procedure.
No liability in any court for anything said or any vote given in Parliament or its committees (Art. 105(2)); also protects persons publishing a report by the authority of the House.
Freedom from arrest in civil cases during the session and 40 days before and after (Section 135A, CPC). This does not apply to criminal cases or preventive detention.
Exemption from jury service and from attending as a witness while Parliament is in session, without the House's permission.

Breach of privilege and contempt: a breach is an act that obstructs a member or the House in functioning; contempt of the House is any act that lowers the dignity of the House. The matter is referred to the Committee of Privileges (15 members in the Lok Sabha).

Judicial pronouncements

Searchlight case (1959): publishing expunged proceedings violates privilege.
Keshav Singh case (1964): Presidential Reference (Art. 143). Courts can review an arbitrary exercise of power; privileges and fundamental rights must be harmonised.
P.V. Narasimha Rao v CBI (1998): (3:2) MPs were immune from prosecution for taking bribes to vote in Parliament.
Sita Soren v Union of India (2024): a seven-judge bench unanimously overruled Narasimha Rao: bribery is not protected by Art. 105 or 194, because it is not necessary for the exercise of a legislator's duties.
Raja Ram Pal v Lok Sabha Speaker (2007): expulsion of MPs in the cash-for-query case upheld; limited judicial review of privilege matters.

Key Points

Art. 105 (Parliament), Art. 194 (State legislatures); not codified.
Immunity for speech and votes in Parliament; no immunity in criminal cases.
Freedom from civil arrest: 40 days before and after a session.
Committee of Privileges examines breaches.
Sita Soren (2024): bribery for votes is not protected.

MCQs

Q1. Parliamentary privileges for Members of Parliament are in: (a) Art. 102 (b) Art. 105 (c) Art. 194 (d) Art. 122 Ans: (b).

Q2. In which case did the Supreme Court overrule P.V. Narasimha Rao and hold that bribery is not covered by parliamentary privilege? (a) Raja Ram Pal (b) Sita Soren v Union of India (2024) (c) Keshav Singh (d) Searchlight Ans: (b).

Q3. Freedom from arrest under parliamentary privileges applies to: (a) Criminal cases (b) Civil cases only (c) Preventive detention (d) All cases Ans: (b). During the session and 40 days before and after.