<–2/”>a >Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties. The Presiding Officer i.e. Speaker in case of Lok Sabha and Chairman in case of Rajya Sabha, is the custodian of the rights and privileges of the House, its Committees and Members.
ARTICLE 105 of the Constitution of India which provides for the powers, privileges and immunities of the Houses of Parliament and of the Members and the Committee thereof reads as follows:—
(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.
(2) No Member of Parliament 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 so liable in respect of the publication or under the authority of either House of Parliament of any report, paper, votes or proceedings.
(3) In other respects, the powers, privileges and immunities of each House of Parliament and of the members and the Committees of each House, shall be such as may from time to time be defined by Parliament by law, and until so defined, shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978.
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of a House of Parliament or any Committee thereof as they apply in relation to Members of Parliament.
Some of the more important privileges of each House of Parliament and of its Members and Committees are as follows:
(i) Freedom of Speech in Parliament [of Article 105(1) of the Constitution].
(ii) Immunity to a Member from any proceedings in any court in respect of anything said or any vote given by him in Parliament or any Committee thereof [of Article 105(2) of the Constitution].
(iii) Immunity to a person from proceedings in any court in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings [of Article 105(2) of the Constitution].
(iv) Prohibition on the courts to inquire into proceedings of Parliament [of Article 122 of the Constitution].
(v) Freedom from arrest of members of civil cases during the continuance of the Session of the House and forty days before its commencement and forty days after its conclusion (of Section 135 of the Code of Civil Procedure).
(vi) Right of the House to receive immediate information of the arrest, detention, conviction, imprisonment and release of Member (of Rules 222A and 222B of the Rules of Procedure and Conduct of Business in Rajya Sabha).
(vii) Prohibition of arrest and service of legal process within the precincts of the House without obtaining the permission of the Chairman/Speaker.
(viii) Prohibition of disclosure of the proceedings or decision of a secret sitting of the House.
(ix) Members or officers of the House cannot give evidence or produce documents in courts of law, relating to the proceedings of the House without the permission of the House (of First Report of Committee of Privileges of Rajya Sabha presented to the House on the 1st May, 1958).
(x) Members or officers of the House cannot attend as a witness before the other House or a Committee thereof or before a House of State Legislature or a Committee thereof without the permission of the House and theycannot be compelled to do so without their Consent (of Sixth Report of Committee of Privileges of Second Lok Sabha, adopted by Lok Sabha on the 17th December, 1958 and Thirty-Third Report of the Committee of Privileges of Rajya Sabha, adopted by the House on 30th March, 1993).
(xi) All Parliamentary Committees are empowered to call for persons, papers and records relevant for the purposes of the inquiry by a Committee. A witness may be summoned by a Parliamentary Committee who may be required to produce such documents as are required for the use of a Committee.
(xii) The evidence tendered before a Parliamentary Committee and its report and proceedings cannot be disclosed or published by anyone until these have been laid on the Table of the House.
,
The privileges and immunities of Parliament and its Members are a set of rights and protections that are granted to Parliament and its Members in order to ensure that they can carry out their duties without fear of interference or intimidation. These privileges and immunities include:
- Freedom of speech: Members of Parliament are free to speak in Parliament without fear of being sued or prosecuted for what they say.
- Freedom from arrest: Members of Parliament cannot be arrested or detained while Parliament is sitting, except for treason, felony, or breach of the peace.
- Freedom from search: The homes and offices of Members of Parliament cannot be searched without their permission, except with a warrant from a court.
- Immunity from civil suits: Members of Parliament cannot be sued for anything they say or do in the course of their parliamentary duties.
- Right to access documents: Members of Parliament have the right to access government documents that are relevant to their parliamentary duties.
- Right to travel: Members of Parliament have the right to travel at government expense to carry out their parliamentary duties.
- Right to be paid: Members of Parliament are paid a salary for their work.
- Right to be provided with office space: Members of Parliament are provided with office space in Parliament House.
- Right to be provided with staff: Members of Parliament are provided with staff to help them with their parliamentary duties.
- Right to be provided with security: Members of Parliament are provided with security to protect them from harm.
These privileges and immunities are important because they allow Parliament to function effectively and without fear of interference. They also help to protect the independence of Parliament and its Members.
Freedom of speech is essential for Parliament to be able to carry out its functions. Members of Parliament need to be able to speak freely and without fear of reprisal in order to debate and vote on legislation. This is why Members of Parliament are immune from being sued or prosecuted for what they say in Parliament.
Freedom from arrest is also important for Parliament to be able to function effectively. Members of Parliament need to be able to attend Parliament without fear of being arrested. This is why Members of Parliament cannot be arrested or detained while Parliament is sitting, except for treason, felony, or breach of the peace.
Freedom from search is also important for Members of Parliament to be able to carry out their duties without fear of interference. Members of Parliament need to be able to hold confidential meetings and discussions without fear of their homes or offices being searched. This is why the homes and offices of Members of Parliament cannot be searched without their permission, except with a warrant from a court.
Immunity from civil suits is also important for Members of Parliament to be able to carry out their duties without fear of being sued. Members of Parliament need to be able to speak freely and without fear of being sued for defamation or other torts. This is why Members of Parliament cannot be sued for anything they say or do in the course of their parliamentary duties.
The right to access documents is also important for Members of Parliament to be able to carry out their duties effectively. Members of Parliament need to be able to access government documents in order to make informed decisions. This is why Members of Parliament have the right to access government documents that are relevant to their parliamentary duties.
The right to travel is also important for Members of Parliament to be able to carry out their duties effectively. Members of Parliament need to be able to travel to different parts of the country to meet with constituents and hold meetings. This is why Members of Parliament have the right to travel at government expense to carry out their parliamentary duties.
The right to be paid is also important for Members of Parliament to be able to carry out their duties effectively. Members of Parliament need to be able to support themselves and their families while they are in Parliament. This is why Members of Parliament are paid a salary for their work.
The right to be provided with office space is also important for Members of Parliament to be able to carry out their duties effectively. Members of Parliament need to have a place to work and meet with constituents and staff. This is why Members of Parliament are provided with office space in Parliament House.
The right to be provided with staff is also important for Members of Parliament to be able to carry out their duties effectively. Members of Parliament need to have staff to help them with their parliamentary duties, such as research, correspondence, and scheduling. This is why Members of Parliament are provided with staff.
The right to be provided with security is also important for Members of Parliament to be able to carry out their duties effectively. Members of Parliament need to be protected from harm, both physical and psychological. This is why Members of Parliament are provided with security.
These privileges and immunities are important because they allow Parliament to function effectively and without fear of interference. They also help to protect the independence of Parliament and its Members.
Here are some frequently asked questions and short answers about the following topics:
- What is the role of Parliament?
Parliament is the supreme legislative body of the United Kingdom. It is made up of the House of Commons and the House of Lords. The House of Commons is elected by the people, while the House of Lords is made up of hereditary peers, life peers, and archbishops and bishops of the Church of England.
- What are the powers of Parliament?
Parliament has the power to make laws, to approve the government’s budget, and to remove the government from office. It also has the power to declare war and to ratify treaties.
- How does Parliament work?
Parliament meets in the Palace of Westminster in London. The House of Commons meets in the Chamber of the House of Commons, while the House of Lords meets in the Chamber of the House of Lords.
- Who are the members of Parliament?
The members of the House of Commons are called Members of Parliament (MPs). There are currently 650 MPs, who are elected every five years. The members of the House of Lords are called Lords Temporal and Lords Spiritual. The Lords Temporal are hereditary peers, life peers, and former MPs. The Lords Spiritual are archbishops and bishops of the Church of England.
- What is the history of Parliament?
Parliament was first established in 1295 by King Edward I. It was originally called the Model Parliament, and it consisted of representatives from the nobility, the clergy, and the common people.
- What are some of the key moments in the history of Parliament?
Some of the key moments in the history of Parliament include the English Civil War (1642-1651), the Glorious Revolution (1688), and the Reform Act of 1832.
- What are some of the challenges facing Parliament today?
Some of the challenges facing Parliament today include the rise of populism, the decline of trust in politicians, and the increasing partisanship of the House of Commons.
- What is the future of Parliament?
The future of Parliament is uncertain. Some people believe that it is an outdated institution that is no longer fit for purpose. Others believe that it is a vital part of our Democracy and that it needs to be reformed in order to be more representative and accountable.
Sure, here are some MCQs without mentioning the topic Privileges and immunities of Parliament and its Members:
-
Which of the following is not a power of the Parliament?
(a) To make laws
(b) To declare war
(c) To levy taxes
(d) To impeach the President -
The Parliament is composed of two Houses, namely the:
(a) Lok Sabha and the Rajya Sabha
(b) Lok Sabha and the Vidhan Sabha
(c) Rajya Sabha and the Vidhan Sabha
(d) Vidhan Sabha and the Nagar Palika -
The Speaker of the Lok Sabha is elected by:
(a) The members of the Lok Sabha
(b) The members of the Rajya Sabha
(c) The members of both the Houses of Parliament
(d) The President of India -
The Vice President of India is the ex-officio Chairman of the:
(a) Lok Sabha
(b) Rajya Sabha
(c) Both the Houses of Parliament
(d) None of the above -
The Prime Minister of India is appointed by:
(a) The President of India
(b) The Speaker of the Lok Sabha
(c) The Justice-of-india/”>Chief Justice of India
(d) The Leader of the Opposition -
The Council of Ministers is collectively responsible to:
(a) The President of India
(b) The Lok Sabha
(c) The Rajya Sabha
(d) The Supreme Court of India -
The President of India can dissolve the Lok Sabha:
(a) On the advice of the Prime Minister
(b) On the advice of the Vice President
(c) On his own
(d) None of the above -
The President of India can issue ordinances:
(a) When both the Houses of Parliament are not in session
(b) When either House of Parliament is not in session
(c) When the Lok Sabha is dissolved
(d) When the Rajya Sabha is dissolved -
The President of India can veto a bill passed by Parliament:
(a) Once
(b) Twice
(c) Three times
(d) No limit -
The President of India can be removed from office by:
(a) Impeachment
(b) Resignation
(c) Death
(d) All of the above
I hope these MCQs are helpful!