Privileges of the State Legislature

Now, let’s understand Legislative Privileges — an essential concept that protects the dignity and independence of the legislature.

🔹 Meaning and Purpose

Legislative privileges are special rights, immunities, and exemptions enjoyed by:

• Each House of the State Legislature,
• Their committees, and
• Their members.

They ensure that legislators can perform their duties independently and fearlessly, without outside interference — especially from the executive or the courts.

🧭 Key Idea

Without privileges, the legislature cannot maintain its authority, dignity, or freedom of debate.

The Constitution also extends these privileges to:

• State Ministers, and
• The Advocate-General, when they participate in legislative proceedings.

However, they do not extend to the Governor, even though the Governor is part of the Legislature.

🟣 Types of Privileges

They are classified into two categories:

1. Collective Privileges — enjoyed by the House as a whole.
2. Individual Privileges — enjoyed by members personally.

1️⃣ Collective Privileges

These belong to each House collectively:

1. Right to publish proceedings:
   • Each House can publish its debates and reports,
   • and can prohibit others from publishing them if necessary (for example, during secret sittings).
2. Right to exclude strangers:
   • Can hold secret sittings to discuss sensitive matters.
3. Right to regulate procedure:
   • Can frame its own rules for conducting business and resolving disputes.
4. Right to punish for breach of privilege:
   • Can reprimand, admonish, suspend, expel, or imprison members or outsiders for contempt or misconduct.
5. Right to information about members’ arrests:
   • Must be immediately informed of any member’s arrest, detention, or release.
6. Right to summon witnesses and records:
   • Can conduct inquiries, summon witnesses, and demand documents relevant to its proceedings.
7. Immunity from judicial inquiry:
   • Courts cannot question the internal proceedings of the legislature.
8. Immunity from arrest within House premises:
   • No person (member or outsider) can be arrested within the legislative precincts without permission of the Presiding Officer.

2️⃣ Individual Privileges

These are personal rights of each member:

1. Freedom from arrest (in civil cases):
   • A member cannot be arrested during a session, and 40 days before and after the session.
   • Applies only to civil cases, not to criminal offences or preventive detention.
2. Freedom of speech:
   • Members can speak freely in the House.
   • No member is liable in any court for anything said or any vote given inside the House or its committees.
   • But this freedom is subject to constitutional provisions and House rules (cannot defame or incite violence).
3. Exemption from jury service:
   • Members can refuse to appear as witnesses or give evidence in court during the session.

🧠 Purpose and Significance

These privileges protect legislators from:

• Executive pressure,
• Judicial interference, and
• Public intimidation,

so that they can function independently and responsibly — upholding the principle of parliamentary sovereignty at the state level.

🧭 Final Thought

“In democracy, criticism is not a weakness; it is a strength.
The Legislative Council represents that reflective pause —
the place where law meets wisdom.
And legislative privileges ensure that both wisdom and voice
can function without fear, favour, or external interference.”