Parliamentary Privileges

Parliamentary privileges are the special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members. They exist so Parliament can perform its functions independently and effectively — without fear of outside interference, frivolous litigation or official obstruction.

Why privileges are necessary — a short story

Imagine a Member of Parliament (MP) must speak fearlessly about corruption — but tomorrow a court case is filed or an official arrests the MP to silence them. Democracy would suffer. Privileges prevent such misuse and protect the dignity and functioning of Parliament.

Who enjoys privileges?

• Both Houses (collectively).
• Members individually.
• Persons entitled to speak/take part in proceedings (e.g., Attorney-General, Union ministers).

Note: The President is part of Parliament constitutionally but does not enjoy parliamentary privileges like MPs.

Classification — collective vs individual

A. Collective privileges (held by each House)

1. Publication & control of proceedings — right to publish its debates, and to prohibit others from publishing (subject to later changes allowing truthful reports except in secret sittings).
2. Exclude strangers / hold secret sittings.
3. Make rules for procedure and conduct of business.
4. Punish contempt / breach — reprimand, admonition, suspension, expulsion, imprisonment.
5. Right to immediate information about arrest/detention/conviction/release of a member.
6. Inquiries & summons — call witnesses, send for papers.
7. Non-justiciability of proceedings — courts cannot inquire into proceedings of House/committees.
8. No arrest or service of legal process within precincts of the House without presiding officer’s permission.

B. Individual privileges (members)

1. Freedom of speech in Parliament — immunity from court proceedings for anything said or any vote given in Parliament or its committees (subject to Constitution and House rules).
2. Freedom from arrest (civil cases only) — during session and 40 days before/after session (does not cover criminal cases or preventive detention).
3. Exemption from jury service; right to refuse to give evidence or appear as witness when Parliament is in session.

Breach of privilege vs contempt of the House — difference

• Breach of privilege: violation of a specific parliamentary privilege (always a contempt).
• Contempt of the House: broader offence against the dignity, authority or functioning of Parliament — may not be a specific privilege breach (e.g., disobedience to House order).

In short: every breach of privilege = contempt; not every contempt = breach of privilege.

Procedure: Houses examine, and if satisfied, punish or ask for redress — powers are wide but meant to protect function and dignity, not to shield wrongdoing.

Sources of parliamentary privileges

Privilege law in India is not exhaustively codified. It derives from multiple sources:

1. Constitutional provisions (Article 105—freedom of speech in Parliament and publication of proceedings; other verbal changes via amendments).
2. Statutes enacted by Parliament.
3. Rules of Procedure of each House.
4. Parliamentary conventions (customs developed over time).
5. Judicial interpretations (courts clarify limits, e.g., not absolute immunity for criminal acts).

Historically the privileges were derived from the privileges of the British House of Commons as on the founding date; wording modified later (44th Amendment) but substance remained.

Limits and safeguards (important for Mains)

• Privileges are functional, not absolute. Freedom of speech can’t be used to incite violence, defame, or undermine constitutional values.
• Courts have in several cases balanced privilege with fundamental rights and rule of law — privilege protects free speech in Parliament but does not mean MPs are above the law for criminal acts outside parliamentary proceedings.
• Privilege should not become a shield for corruption, obstruction of justice or personal vendettas.

Exam tip: Be ready to discuss privilege vs rule of law / fundamental rights — common Mains angle.

Final note:

“Privileges empower Parliament to speak and act without fear; limits ensure Parliament itself does not become fearsome. India balanced both — protecting parliamentary functioning while embedding law, rights and judicial oversight. That equilibrium is the heartbeat of our constitutional democracy.”