Parliamentary privileges are governed by Article 105 of the Indian Constitution for the Parliament and Article 194 for the State Legislatures.
Freedom of Speech: Members enjoy absolute immunity from any proceedings in any court regarding anything said or any vote given by them in the House or any committee thereof. This ensures they can discharge their duties without fear of legal consequences.
Nature of Privileges: These are special rights, immunities, and exemptions enjoyed by the two Houses of Parliament, their committees, and their members. These are necessary to secure the independence and effectiveness of their actions.
Key Privileges Include:
Freedom from Arrest: Members cannot be arrested in civil cases during the continuance of a session of the House, and 40 days before its commencement and 40 days after its conclusion. This does not apply to criminal cases or preventive detention.
Right to Prohibit Publication: The House has the authority to prohibit the publication of its debates and proceedings.
Right to Exclude Strangers: The House can hold secret sittings and exclude strangers (non-members) from proceedings.
Right to Punish: The House has the power to punish its members and outsiders for 'breach of privilege' or 'contempt of the House'.
Historical Context: Before the 44th Amendment Act of 1978, these privileges were defined as those of the British House of Commons as it existed at the time of the commencement of the Constitution. Currently, the Parliament has the power to codify these privileges by law, though no comprehensive legislation has been enacted to date.
