Parliamentary Privileges (Article 105)
Parliamentary privilege is a set of rights and immunities enjoyed by members of parliament in order to enable them to carry out their duties without fear of reprisal. These privileges include freedom of speech, freedom from arrest, and the right to access documents and information.
Article 105 of the Constitution of India deals with parliamentary privileges. It states that “No person shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be liable to any penalty in respect of any contempt of Parliament committed by him while he is a member of Parliament.”
The purpose of parliamentary privilege is to protect the independence of Parliament and to ensure that members can freely debate and vote on issues without fear of being sued or prosecuted. Privileges also allow Parliament to access information that it would not otherwise be able to obtain, such as confidential government documents.
Types of Parliamentary Privileges
There are two main types of parliamentary privileges:
- Freedom of speech: Members of Parliament have absolute freedom of speech in Parliament. This means that they cannot be sued or prosecuted for anything they say in Parliament, even if it is defamatory or untrue.
- Freedom from arrest: Members of Parliament cannot be arrested or detained while Parliament is in session. This is to ensure that they are not prevented from attending Parliament or carrying out their duties.
In addition to these two main types of privileges, there are a number of other privileges that members of Parliament enjoy, such as the right to access documents and information, the right to immunity from search and seizure, and the right to immunity from taxation.
The Importance of Parliamentary Privileges
Parliamentary privileges are essential to the functioning of a democracy. They allow Parliament to carry out its duties without fear of reprisal and to ensure that members are able to freely debate and vote on issues. Without parliamentary privileges, it would be very difficult for Parliament to hold the government to account and to represent the interests of the people.
Frequently Asked Questions
What is parliamentary privilege?
Parliamentary privilege is a set of rights and immunities enjoyed by members of parliament in order to enable them to carry out their duties without fear of reprisal. These privileges include freedom of speech, freedom from arrest, and the right to access documents and information.
What is the purpose of parliamentary privilege?
The purpose of parliamentary privilege is to protect the independence of Parliament and to ensure that members can freely debate and vote on issues without fear of being sued or prosecuted. Privileges also allow Parliament to access information that it would not otherwise be able to obtain, such as confidential government documents.
What are the different types of parliamentary privileges?
There are two main types of parliamentary privileges: freedom of speech and freedom from arrest. In addition to these two main types of privileges, there are a number of other privileges that members of Parliament enjoy, such as the right to access documents and information, the right to immunity from search and seizure, and the right to immunity from taxation.
Why are parliamentary privileges important?
Parliamentary privileges are essential to the functioning of a democracy. They allow Parliament to carry out its duties without fear of reprisal and to ensure that members are able to freely debate and vote on issues. Without parliamentary privileges, it would be very difficult for Parliament to hold the government to account and to represent the interests of the people.
MCQs
Which of the following is not a type of parliamentary privilege?
(a) Freedom of speech
(b) Freedom from arrest
(c) Right to access documents and information
(d) Right to immunity from search and seizureThe purpose of parliamentary privilege is to:
(a) Protect the independence of Parliament
(b) Ensure that members can freely debate and vote on issues
(c) Allow Parliament to access information that it would not otherwise be able to obtain
(d) All of the aboveParliamentary privileges are essential to the functioning of a democracy because:
(a) They allow Parliament to carry out its duties without fear of reprisal
(b) They ensure that members are able to freely debate and vote on issues
(c) They allow Parliament to hold the government to account
(d) All of the above