CONSTITUTION

P OW E R S , P R I V I L E G E S , I M M U N I T I E S O F
PA R L I A M E N T A N D I T S M E M B E R S
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D.MUTHU
IV th Year B.Com.,B.L.,(Hons)
Student,
School of Excellence in Law,
Tamilnadu Dr.Ambedkar Law
University, TamilNadu

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 PARLIAMENT

THE INDIAN PARLIAMENT CONSISTS OF LOKSABHA, RAJYA SABHA

AND PRESIDENT
 PARLIAMENTARY PRIVILEGE

• Sir Thomas Erskine May has defined the expression Parliamentary privileges as
follows:
“Some of the peculiar rights enjoyed by each House collectively as a
constituent part of the Parliament, and by members of each House of parliament
individually, without which they could not discharge their functions, and which
exceed those possessed by other bodies or individuals”.
• ARTICLE-105 :
Powers, privileges, etc., of the Houses of Parliament and of the members
and committees thereof.
CONSTITUTION PROVISIONS

• Constitution expressly mentions two privileges

– (a) Freedom of speech in the Legislature
– (b) Right to publication of its proceedings
• 44th AMENDMENT ACT, 1978
– (a) Pre Amendment
– (b) Post Amendment
FREEDOM OF SPEECH –
ARTICLE 105
• The Indian Constitution expressly guarantees this privilege in Article 105 which says-
“there shall be freedom of speech in Parliament and that no member of Parliament shall
be laible to any proceedings in any court in respect of anything said or any vote given by him in
Parliament or any Committee thereof.”

WITHIN THE HOUSE

Immunity from courts for anything said within the four walls of House during the
proceedings of the House. So what is protected is the Speech within the House.
CONTD.,

OUTSIDE THE HOUSE

Outside the House a member of House is a good as any other citizen and if a member
repeats or publishes a defamatory speech made by him within the House, he does so on his own
responsibility and risk and will be held liable for prosecution under Section 500 of IPC – Jatish
Chandra v. Hari Sadhan, AIR 1961 SC 613
RIGHT OF PUBLICATION OF
ITS PROCEEDINGS

• The Indian Constitution expressly guarantees this privilege in Article 105 which says-
“no person shall be liable in respect of publication by or under the authority of either
House of Parliament in any report, paper, votes or proceedings.”

Protection under this Article does not extend to publication made by a private person
without the authority of a House – Article 143.
CONTD.,
PARLIAMENTARY PROCEEDINGS (PROTECTION OF PUBLICATION) ACT, 1956
This Act was passed which provided that no person shall be liable to any proceeding civil
or criminal in any court respect of the publication of substantially true report of the proceedings of
either House of Parliament unless it is proved that publication of such proceedings expressly
ordered to be expunged by the Speaker.- M.S.M.Sharma v. Sri Krishna Sinha, AIR 1959 SC 395.
PP(PP) ACT, 1956 REPEALED :
This Act was repealed by the Congress Government during 1975 Emergency.
AMENDMENT ACT OF 1976 :-
The Janata Govt. repealed this Act and restored the freedom of the Press to publish true
reports of Parliament.
44 TH AMENDMENT 1978

• PRE AMENDMENT
– Article 105 (3) provided that the powers, privileges and immunities of eah House until they
were defined by the
– Parliament shall be those of the House of Commons in England.
• POST AMENDMENT
• Article 105 now provides that in other respects, the powers, privileges and immunities of
each House of Parliament, and of the members and committees of each House, shall be
such as may from time to time be defined by Parliament, and until so defined, shall be
those of that House and of its members and committees immediately before the coming
into force of the 44th Amendment Act, 1978
NEW PRIVILEGES CAN BE DEFINED BY
LAW MADE BY PARLIAMENT

FREEDOM FROM ARREST

• Freedom from arrest of members in civil cases during the continuance of the session of the
house and 40 days before its commencement and 40 days after its conclusion (Section 135 A code
of civil procedure).

 RIGHT TO EXCLUDE STRANGERS FROM ITS PROCEEDINGS AND HOLD SECRET

SESSIONS
• To exclude strangers from the house (Rule 248 of the rules of procedure and conduct of
business in Lok-Sabha).

 RIGHT TO PROHIBIT TO PUBLICATION OF ITS REPORTS AND PROCEEDINGS

• To prohibit the publication of its debates and proceedings (Rule 249 of the rules of
procedure and conduct of Business in Lok-Sabha).
RIGHT TO REGULATE INTERNAL PROCEEDINGS
• To regulate its own procedure and the conduct of its business (Article 118 of the
constitution).
 RIGHT TO PUNISH MEMBERS OR OUTSIDERS FOR CONTEMPT
• To commit persons, whether they are members or not, for breach of privilege or contempt
of the house.
 PAPERS AND RECORDS
• To compel the attendance of witness and to send for papers and records.
PRIVILEGES AND FUNDAMENTAL
RIGHTS

ARTICLE 19(1)(a) : guarantees freedom of speech and expression to every citizen of India.
But this right is subject to reasonable restrictions under clause (2) of Article 19.

ARTICLE 105 : is an independent right and is not subject to reasonable restrictions under
clause (2) of Article 19.
Thus it is clear that the freedom of speech under Article 105 is different from the
freedom of speech under Article 19 which is subject to restriction.
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