#parliamentaryprivileges
#Article105
#article194
#previousnotes
#llm
#dullb
#dullm
#llb
#llm
#caselaws
Parliamentary privileges are defined in Article 105 & Article 194 of the Indian Constitution
exempted from any civil or criminal liability for any statement made or act done in the course of their duties.
Exceptional Rights or advantages granted to member of parliament.
Why It’s Required?
Secure the independence and effectiveness of the actions.
Help maintain dignity, authority and honour of the member of parliament.
Help secure the member of the houses from any obstruction.
Article 105 in The Constitution Of India (Clause (1) & (2))
105. Powers, privileges, etc of the Houses of Parliament and of the members and committees thereof
(1) Subject to the provisions of this constitution and 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 by or under the authority of either House of Parliament of any report, paper, votes or proceedings
To Individual:
Freedom of speech in parliament
Freedom from arrest (in any civil case before 40 days before and after the adjournment of the house, also when the house is in session)
Freedom from appearing as a witness
Privileges enjoyed by the members collectively as part of parliament
Right to prohibit the publication of proceedings
Right to exclude strangers
The right to punish members and outsiders for breach of its privileges
The right to regulate the internal affairs of the house
Article 19 (2)
sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
Article 105(1)
(1) Subject to the provisions of this constitution and the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament
Case Laws:
Dr. Jatish Chandra Ghosh vs Hari Sadhan Mukherjee And Others on 16 January, 1961
Article 194(1) not only gives them freedom of speech but also give the right to ask questions and publish them in the press.
P.V. NARSIMHA RAO v. STATE (1998)
Article 105(2) the members of the parliament will get immunity and thus, the activity of taking bribe by the MP’s will get immunity despite anything said by them or any vote given by them in the Parliament.
Case Laws (Privileges and fundamental rights)
Gunupati Keshavram Reddy v. Nafisul Hasan and the State of U.P AIR 1952
Article 194(1) not only gives them freedom of speech but also give the right to ask questions and publish them in the press.
MSM Sharma v. Sri Krishna Sinha AIR 1959 SC395 ( Editor & Published)
Keshava Singh v. Speaker, Legislative Assembly (didn’t get a chance to defend himself)