Parliamentary privileges

What are parliamentary privileges?

• Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members (Art 105).
• They are necessary in order to secure the independence and effectiveness of their actions.
• The Constitution has also extended 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 committees.
• These include the attorney general of India and Union ministers.
• Parliamentary privileges do not extend to the President of India.

Classification of Parliamentary privileges:

• Parliamentary privileges can be classified into two:
  • Enjoyed by each House of Parliament collectively: right to publish its reports, exclude strangers from its proceedings etc.
  • Enjoyed by the members individually: exemption from jury service, freedom of speech in the house etc.

Breach of Privilege

• When any individual  or  authority   attacks  any  of  the  privileges the  offence  is  called  a  breach  of privileges  and  is  punishable  by  the  House.

Privilege Motion

• A motion can be moved by any member of either House against those being held guilty of breach of privilege.
• Rules of Parliament says that a member can move a privilege motion with the consent of the Speaker or the Chairperson.

Role of Speaker/Chairman

• If the Speaker/Chairman accepts the privilege motion, he will refer it to the privileges committee of Parliament.

Punishment by Parliament

• The House may punish a person found guilty of breach of privilege either by admonition or by imprisonment.
• The penal jurisdiction of the House is not only confined to its own members but also to non-member.
• In case of  its  own members,  two  other  punishments  can  also be  awarded:
  • Suspension from the service of the House
  • Expulsion from the house

Committee of Privileges

• The functions of this committee are semi-judicial in nature.
• It examines the cases of breach of privileges of the House and its members and recommends appropriate action.
• The Lok Sabha committee has 15 members.
• The Rajya Sabha committee has 10 members.

Add-On:

• Article 194 relates to provision of privileges available to members of the State Legislatures.

Prelims Question

 Consider the following statements regarding Parliamentary privileges:
1.They arise out of article 105 of Indian constitution.
2.They are available only to the members of either houses of parliament.
Choose the correct statements from the codes given below:
(a)1 only
(b)2 only
(c)Both 1 and 2
(d)Neither 1 nor 2

Answer to the Prelims Question