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What are Parliamentary Privileges in India? – All Details
Table of Contents
Introduction about Parliamentary Privileges UPSC
Welcome to PreCrack! In India, If you are preparing for any competitive examinations, then knowing about Parliament and its component is crucial for your preparation. Similarly, One of the Crucial Component can be considered as Parliamentary Privileges.
If you are preparing for major competitive examinations in India such as UPSC, SSC or more, then its very important to know all details about Parliamentary Privileges.
In this blog, we have added all the details about Parliamentary Privileges. If you want to know about Parliamentary Privileges in Details, then read this blog to the end.
So, let’s start-
Read Also | Full List of All Salient Features of Indian Constitution Explained!
What are Parliamentary Privileges?
Meaning of Parliamentary Privileges
Parliamentary privileges are special rights, immunities, and exemptions granted to the Houses of Parliament, their committees, and MPs in India. These privileges are crucial for ensuring the independence and effectiveness of parliamentary actions.
They protect the authority, dignity, and honor of the Houses and shield members from obstructions in fulfilling their parliamentary duties. The Constitution also extends these privileges to individuals participating in parliamentary proceedings, such as the Attorney General of India and Union ministers.
However, it’s important to note that these privileges do not apply to the President, who is an integral part of Parliament.
Parliamentary Privileges Committee
The Parliamentary Privileges Committee is officially known as the Committee of Privileges. This committee is constituted in both houses of Parliament – the Lok Sabha (House of the People) and the Rajya Sabha (Council of States).
The primary purpose of the Committee of Privileges is to examine and report on questions of privilege referred to it by the Houses or the Speaker/Chairman.
The committee ensures that parliamentary privileges are upheld and that any breaches or contempt of the house are addressed appropriately. Parliamentary privileges include the rights, immunities, and exemptions granted to members and others to secure the independence and effectiveness of parliamentary actions. Here’s a deeper dive into its composition, functions, and powers:
Composition
- Members: The CoP consists of 15 members in the Lok Sabha and 10 in the Rajya Sabha.
- Selection: The Speaker (Lok Sabha) or Chairman (Rajya Sabha) nominates the members, typically reflecting the party strengths in the House.
Functions
- Investigates any question referred to it by the House or the Speaker involving a breach of privilege of:
- The House itself
- Its members
- Any Committee of the House
- Examines the facts of each case to determine if a breach of privilege occurred.
- Makes recommendations in its report on:
- Whether a breach occurred
- The nature of the breach
- The circumstances leading to it
- Suitable action to be taken (if a breach is found)
Powers
- To summon and examine witnesses
- To call for documents and records relevant to the case
- To recommend various penalties depending on the severity of the breach, which can include:
- Admonitions
- Reprimands
- Suspension from the House
- In rare cases, expulsion from the House
You can more about Parliamentary Privileges Committee more through this official link of Loksabha.
List of Parliamentary Privileges
The list of parliamentary privileges are consist of two types of classification. We have added the classification about Parliamentary Privileges below-
Classification of Parliamentary Privileges
Parliamentary privileges can be categorized into two types:
1. Individual Privileges
These pertain to the rights of individual members, such as freedom of speech, immunity from legal action, and exemption from arrest during specific periods. These privileges safeguard members in the execution of their parliamentary duties.
2. Collective Privileges
These relate to the overarching rights of the parliamentary body as a whole. This includes the authority to regulate internal affairs, ensuring each house maintains autonomy in its proceedings. Additionally, collective privileges encompass control over parliamentary officers, allowing for effective governance and management within the legislative framework.
Collective Parliamentary Privileges
Collective privileges of each House of Parliament include:
- Right to Publish Reports: The house can publish its reports, debates, and proceedings, with the freedom of the press restored by the 44th Amendment Act of 1978. However, this doesn’t apply to secret sittings.
- Exclusion of Strangers: The house can exclude outsiders from its proceedings and conduct secret sittings for confidential matters.
- Rule-Making Authority: It can establish rules to regulate its own procedures and business conduct and adjudicate on such matters.
- Punitive Measures: The house has the power to punish members and outsiders for breaching its privileges or contempt, using reprimand, admonition, imprisonment, suspension, or expulsion.
- Notification of Member’s Legal Status: It has the right to receive immediate information regarding the arrest, detention, conviction, imprisonment, or release of a member.
- Inquiry and Witness Authority: The house can institute inquiries, summon witnesses, and request relevant papers and records.
- Non-interference by Courts: Courts are prohibited from investigating the proceedings of a House or its committees.
- Immunity Within Precincts: No person, whether a member or an outsider, can be arrested, and no legal process can be served within the precincts of the House without the permission of the presiding officer.
Individual Parliamentary Privileges
Individual privileges of members include:
- Immunity from Arrest: Members cannot be arrested during the parliamentary session and 40 days before and after it, but this privilege is limited to civil cases and excludes criminal or preventive detention cases.
- Freedom of Speech: Members enjoy freedom of speech in Parliament. They cannot be held liable in any court for statements made or votes cast during parliamentary proceedings, with this freedom subject to constitutional provisions, rules, and standing orders.
- Exemption from Jury Service: Members are exempt from jury service. Additionally, they can refuse to provide evidence or appear as witnesses in court cases while Parliament is in session.
Abuse / Breach of Parliamentary Privileges
Parliamentary privilege comes with the responsibility to use it appropriately. An abuse or breach of privilege occurs when someone interferes with these rights or disrupts the functioning of Parliament. Here’s a breakdown of abuse/breach of privilege in India:
What Constitutes a Breach?
- Impeding the Work of Parliament: Actions that disrupt or obstruct the functioning of either house (Lok Sabha or Rajya Sabha).
- Disrespecting the House or its Members: This includes making defamatory statements, threatening or assaulting members, or publishing false or misleading information about Parliament’s proceedings.
- Disobeying Orders of the House: Refusing to comply with summons to appear before a committee or disobeying lawful orders issued by the Speaker/Chairman.
- Wilfully Disclosing Confidential Information: Sharing information designated as confidential by Parliament without proper authorization.
Examples of Abuse
- A member creating a disturbance in the house to prevent a debate.
- Someone publishing a fabricated news article about a member’s speech in Parliament.
- An outsider refusing to appear before a parliamentary committee when summoned.
Who Can Commit a Breach?
- Members of Parliament (MPs)
- Outsiders – This can include anyone from journalists and activists to government officials.
Consequences of a Breach
- Investigation by Committee of Privileges: Each house has a committee to investigate alleged breaches and recommend action.
- Possible Penalties: Depending on the severity, punishments can range from a simple warning to suspension or even expulsion from the House for MPs. For outsiders, it could involve reprimand, arrest, or imprisonment.
Importance of Maintaining Privilege
- Ensures free and fair debate on important issues.
- Protects MPs from intimidation and allows them to fulfill their duties.
- Maintains the dignity and authority of Parliament as an institution.
Source of Parliamentary Privileges
Parliamentary privileges in India stem from a combination of sources, not just a single document. Here’s a breakdown of the key sources:
1. The Constitution
Articles 105 (for Lok Sabha) and 194 (for Rajya Sabha) are the foundation. These articles grant MPs freedom of speech in Parliament and immunity from legal action for anything said or any vote given there.
2. Parliamentary Conventions
These are unwritten rules and practices established over time. They define acceptable behavior within Parliament and can outline additional privileges beyond those explicitly mentioned in the Constitution.
3. Laws Made by Parliament
Certain Acts passed by Parliament may further define or elaborate on specific privileges.
4. Rules of Both Houses
The Lok Sabha and Rajya Sabha have their own rulebooks that outline procedures and may also touch upon specific privileges.
5. Judicial Interpretations
Court rulings on cases related to parliamentary privileges can shape the understanding and application of these privileges. These judgements can clarify the scope and limitations of privileges.
Why Multiple Sources?
This multi-source approach offers flexibility and allows Parliament to adapt its privileges over time. It also reflects the historical development of these privileges, which have evolved alongside the parliamentary system itself.
Pros and Cons of Parliamentary Privileges
| Pros | Cons |
| Freedom of Speech and Debate: Allows MPs to express themselves freely on important issues without fear of legal repercussions. This fosters open and informed discussions. | Potential for Abuse of Speech: Protection can extend to hate speech or incitement to violence if not carefully balanced with limitations. |
| Protection from Interference: Shields MPs from arrest in civil cases during sessions, allowing them to focus on their duties without undue pressure. | Limited Protection in Criminal Cases: Offers no immunity from arrest for criminal offenses. |
| Upholds the Dignity of Parliament: Protects the institution from disrespect and ensures its authority is maintained. | Potential for Stifling Dissent: Claims of breach of privilege can be used to silence criticism or opposition voices. |
| Efficient Functioning of Parliament: Allows the House to maintain order and discipline through control over its own proceedings and the ability to punish disruptive behavior. | Overreach of Power: Concerns exist that the power to punish breaches might be misused for political gain. |
| Independence of the Legislature: Safeguards Parliament’s ability to function independently of the executive and judiciary. | Lack of Transparency: Investigations by the Committee of Privileges can sometimes lack transparency, raising concerns about accountability. |
Difference between Fundamental Rights & Parliamentary Privileges
| Aspect | Fundamental Rights | Parliamentary Privileges |
| Applicability | Applicable to all citizens, providing individual rights | Applicable to Members of Parliament, ensuring legislative independence |
| Nature | Rights guaranteed by the Constitution | Privileges granted by the Constitution |
| Scope | Protects individuals from state actions | Safeguards parliamentary processes and members |
| Enforceability | Enforceable by the judiciary | Enforced by the Parliament and its committees |
| Subject | Applicable to citizens as a whole | Applies specifically to parliamentarians and legislative bodies |
| Nature of Protection | Protection against state intrusion | Protection of parliamentary functions and members |
| Limitations | Can be restricted under certain circumstances | Subject to certain limitations and conditions |
| Alteration | Cannot be suspended or altered easily | Can be modified or suspended by the Parliament |
| Constitutional Basis | Enshrined in Part III of the Constitution | Enshrined in various articles related to Parliament |
| Judicial Review | Judicial review available for violations | Judicial review may not be applicable to all aspects |
FAQs – UPSC Questions on Parliamentary Privileges
1. What are Parliamentary Privileges?
Answer. Parliamentary privileges are special rights, immunities, and exemptions enjoyed by members of Parliament (MPs) and their committees in India. These privileges are essential for ensuring that MPs can perform their duties effectively and without fear of intimidation.
2. What is the source of Parliamentary Privileges in India?
Answer. Parliamentary privileges in India stem from a combination of sources, including:
- The Constitution: Articles 105 (for Lok Sabha) and 194 (for Rajya Sabha)
- Parliamentary Conventions: Unwritten rules and practices established over time
- Laws Made by Parliament: Certain Acts passed by Parliament
- Rules of Both Houses: The Lok Sabha and Rajya Sabha have their own rulebooks
- Judicial Interpretations: Court rulings on cases related to parliamentary privileges
3. What are some examples of Parliamentary Privileges in India?
Answer.
- Freedom of Speech: MPs have the right to speak freely in Parliament without fear of legal action for anything they say (except if it incites violence or other crimes).
- Immunity from Arrest: MPs cannot be arrested in civil cases while attending Parliament sessions or on their way to/from sessions. (This privilege applies only to civil cases, not criminal ones.)
- Publication of Proceedings: The courts cannot question the validity of anything published under the authority of Parliament.
- Right to attend committee meetings: MPs have the right to attend meetings of committees they are members of.
4. What is the purpose of Parliamentary Privileges?
Answer. The overall purpose of parliamentary privileges is to:
- Uphold the independence of the legislature.
- Enable MPs to discharge their duties freely.
- Maintain the dignity and authority of Parliament.
5. Who enforces Parliamentary Privileges?
Answer. Each house of Parliament has a Committee of Privileges to investigate any alleged breach of privilege and recommend appropriate action.
6. What are the different types of breaches of privilege?
Answer.
- Impeding the Work of Parliament: Actions that disrupt or obstruct the functioning of either house (Lok Sabha or Rajya Sabha).
- Disrespecting the House or its Members: This includes making defamatory statements, threatening or assaulting members, or publishing false or misleading information about Parliament’s proceedings.
- Disobeying Orders of the House: Refusing to comply with summons to appear before a committee or disobeying lawful orders issued by the Speaker/Chairman.
- Wilfully Disclosing Confidential Information: Sharing information designated as confidential by Parliament without proper authorization.
7. Who can commit a breach of privilege?
Answer. Members of Parliament (MPs)
Outsiders – This can include anyone from journalists and activists to government officials.
8. What are the consequences of a breach of privilege?
Answer.
- Investigation by Committee of Privileges: Each house has a committee to investigate alleged breaches and recommend action.
- Possible Penalties: Depending on the severity, punishments can range from a simple warning to suspension or even expulsion from the House for MPs. For outsiders, it could involve reprimand, arrest, or imprisonment.
9. Are Parliamentary Privileges absolute?
Answer. No, Parliamentary Privileges are not absolute. They are subject to certain limitations and can be misused.
10. What are some of the criticisms of Parliamentary Privileges?
Answer.
- Potential for abuse of speech: Protection can extend to hate speech or incitement to violence if not carefully balanced with limitations.
- Limited protection in criminal cases: Offers no immunity from arrest for criminal offenses.
- Potential for stifling dissent: Claims of breach of privilege can be used to silence criticism or opposition voices.
- Overreach of power: Concerns exist that the power to punish breaches might be misused for political gain.
- Lack of transparency: Investigations by the Committee of Privileges can sometimes lack transparency, raising concerns about accountability.
11. How can Parliamentary Privileges be reformed?
Answer. There is ongoing debate about how to reform Parliamentary Privileges in India. Some suggestions include:
- Codifying privileges in a law to ensure clarity and consistency.
- Setting clear guidelines for the exercise of privileges.
- Establishing an independent body to oversee the investigation of breaches of privilege.
12. What is the difference between freedom of speech in Parliament and outside Parliament?
Answer. MPs have immunity from legal action for anything they say in Parliament. However, this immunity does not extend to speech outside Parliament. They can still be held legally liable for defamatory or seditious statements made outside the House.
13. Can an MP be arrested while attending Parliament?
Answer. No, MPs cannot be arrested in civil cases while attending Parliament sessions or on their way to/from sessions. However, they can still be arrested in
