Parliamentary Privileges

Context (TH): Supreme Court ruled that Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) cannot claim any immunity from prosecution for accepting bribes to cast a vote or make a speech in the House in a particular fashion.

What are Parliamentary Privileges?

Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members.
These privileges are defined in Article 105 of the IC.
Under these privileges, the MPs are exempted from any civil liability (but not criminal liability) for any statement made or act done in the course of their duties.
The privileges are claimed only when the person is a member of the house.
As soon as s/he ends up being a member, the privileges are said to be called off.
The Constitution also extends the parliamentary privileges to those persons who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committee.
- These also include the Attorney General of India.
The parliamentary privileges do not extend to the President, who is also an integral part of the Parliament.
- Article 361 of the IC provides for privileges for the President.

The freedom of speech and expression guaranteed under Article 19(2) is different from the freedom of speech and expression provided to a MP.

Freedom of speech should be in accordance with the constitutional provisions and subject to rules and procedures of the parliament, as stated under Article 118 of the IC.
Article 121 of the IC states that MPs cannot discuss the conduct of SC or HC judges while they are performing their duties.
The only exception is if there is a motion to present an address to the President requesting the judge’s removal.

Members enjoy immunity from arrest in any civil case 40 days before and after the adjournment of the house or during a session.
- This privilege is already incorporated under Section 135A of the Civil Procedure Code, 1908.
Arrest within the Parliament’s limits requires the house’s permission.
If the detention of any members of the parliament is made, the chairman or the speaker should be informed by the concerned authority of the reason for the arrest.
A member can be arrested outside the limits of the house on criminal charges against him under the Preventive Detention Act, the Essential Services Maintenance Act (ESMA), the National Security Act (NSA), or any such act.

Article 105(2) of the IC states that no person shall be held liable for publishing any reports, discussions, etc., of the house under the authority of the member of the house.
For paramount and national importance, it is essential that the proceedings should be communicated to the public to make them aware of what is going on in the parliament.

The members of the house have the power and right to exclude strangers who are not members of the house from the proceedings. This right is very essential for securing free and fair discussion in the house.

Individual Privileges: This refer to the rights and immunities enjoyed by MPs and MLAs to enable them to perform their duties without fear of interference or prosecution.
Collective Privileges: This refer to the rights and immunities that are enjoyed by both Houses of the Indian Parliament and State Legislature as a whole, as well as their members and officers.

Individual Privileges	Collective Privileges
Members cannot be arrested during the session of Parliament 40 days before the beginning and 40 days after the end of a session. Members have freedom of speech in Parliament, and no member is liable to any proceedings in any court They are exempted from jury service when Parliament is in session.	Right to publish its reports, debates, and proceedings. Right to exclude strangers from its proceedings. Right to make rules to regulate its procedure. Right to punish members as well as outsiders for breach of its privileges. The courts prohibited inquiring into the proceedings of a House. No person can be arrested without the permission of the presiding officer.

Parliamentary privileges help to ensure the independence and integrity of the legislative body. These privileges are intended to protect the ability of lawmakers to speak and act freely.
Immunity from arrest and legal process: Allow members of parliament to carry out their duties and responsibilities without fear of intimidation or interference.
Privileges such as confidentiality and access: Allow members of parliament to obtain and share information that may be crucial to their decision-making processes.
They are an essential part of the checks and balances that help to safeguard the independence and integrity of democratic institutions and ensure that they can function effectively.

Scope of privileges: While these privileges are intended to protect the independence and integrity of the legislative process, they can also shield lawmakers from accountability and scrutiny.
Conflict with constitutional principles: Parliamentary privileges may sometimes conflict with other constitutional principles, such as equality before the law.
- For example, the privilege of immunity from arrest and legal process may be seen as giving members of parliament special privileges that are not available to other citizens.
Misuse of privileges: There have been instances where parliamentary privileges have been misused by lawmakers in India.
- For example, some lawmakers have used their freedom of speech privilege to make inflammatory or offensive comments or false or baseless allegations.
Lack of transparency and Inadequate oversight: Opacity and lack of adequate oversight and mechanisms in the process of claiming and enforcing parliamentary privileges can:
1. Make it challenging to hold lawmakers accountable for abuses of these privileges and
2. Undermine public trust in the legislative process.

It refers to a violation of the rights and immunities of the Parliament or its members.
It is punishable under the law of Parliament
Breach of privilege can include-
1. Impeding the work of parliament,
2. Obstructing a member from carrying out their duties or
3. Disclosing confidential information discussed in parliament without authorisation.
It is considered as a severe offence and can result in disciplinary action being taken against the offending member or members.

No Parliamentary immunity for vandalism: The lawmakers cannot indulge in criminal acts on the Parliament or Assembly floors and then take cover behind the right to free speech.
K Anandan Nambiar case 1951: An MP cannot claim special status higher than that of an ordinary citizen and is liable to be arrested, detained, or questioned even during the session.
State of Kerala Vs. K. Ajith and Others 2021: Privileges and immunities are not gateways to claim exemptions from the general law of the land.