law essay writing service

Are Parliamentary privileges absolute under Indian Constitution?

Privileges are special rights given to certain group or persons of importance so that they can perform their functions without any pressure.

Parliamentary privileges under Article 105 were given to enable Parliament and its members to discharge their function properly and freely.

In India, Article 105 and Article 294 of the Constitution deals with the privileges and immunities of Parliament and its members and State legislatures and their members, respectively.

Privileges under Article 105

Article 105 gives members of Parliament and its committees certain privileges. The privileges enjoyed by Parliament are:

1)  Those enjoyed by the members individually.

2)  Those which belong to each House as a collective body.

Individually MPs enjoy the following privileges

  1. Freedom from being arrested in civil cases during continuance of a meeting of the House or Committee of which he is a member and during a period of 40 days before & after such meeting.

However this freedom does not extend to arrest under

  • Preventive detention under statutory authority
  • In criminal cases.
  1. Freedom of speech providing immunity from court action for anything said in the House. However this freedom is
  • ‘Subject to rules’ framed by the house to maintain dignity.
  • Constitution also restricts this freedom by debarring discussion on the conduct of judges of Supreme Court & High Court (except for the removal of judge).
  1. Freedom from being summoned, without the leave of the House, to give evidence as a witness while Parliament is in session.

Collective Privileges

The House enjoys collective privileges of

  1. The right to publish debates & proceedings & right to restrain publication by others.
  2. The right to exclude stranger.
  3. The right to regulate internal affairs of the house without interference from court.
  4. Right to punish members & outsiders for breach of its privileges (The punishment may be an adjournment motion, reprimand or imprisonment).

NOTE: Similar privileges are provided for State Legislatures under Article 194.

Freedom of speech under Article 105 and Article 19 (1) (a)

Freedom of speech under Article 19 (1) (a) is subject to reasonable restrictions but under Article 105, it is absolute.

However, it is absolute only when it is said in the Parliament.

If a member publishes his/ her speech outside Parliament, he will be held liable if the speech is defamatory.

Extent of immunity under Article 105 

Article 105 (2) confers immunity in respect of anything said in the Parliament. The word “anything” is taken to mean “every thing”.

This was clearly evident in the “Vote for Note” case when Supreme Court ruled that immunity from court’s proceedings in Article 105 (2) extends even to bribes taken by the MPs for the purpose of voting in a particular manner in the Parliament.

However, the words “in the Parliament”, in the same case, was taken to mean “during the sitting of Parliament and in the course of the business of Parliament” and so the judges of Supreme Court, in that case, were unanimous that MPs who gave bribes, or who took bribes but didn’t participate in the voting could not claim immunity from court proceedings under Article 105 (2).

Right of Publication of Proceedings: an evolution towards transparent democracy

  • Article 105 (2) declared “no person shall be liable in respect of the publication by or under the authority of either house of Parliament of any report, paper, votes or proceedings” i.e. publications of Parliamentary proceedings were made prerogative of Parliament itself.
  • The Parliamentary Proceedings (Protection of Publication)v Act, 1956 states that “no person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication of a substantially true report of the proceedings of either House of the  Parliament, unless it is proved that the publication is made with malice” i.e. publication by outsiders without any ill- intention was made permissible.
  • In 1975, Parliamentary Proceedings (Protection of Publication)v Act, 1956, was repealed by Indira Gandhi during Emergency.
  • In 1978, Janata Party passed 44th Amendment Act that added Article 361-A to the Constitution. Article 361-A is titled as “Protection of Publication of proceedings of Parliamentary and State Legislature.” It provides that “no person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of the proceedings of either House of the  Parliament or the State Legislative Assembly, or as the case may be, either house of Legislature, of a state, unless the publication is proved to have been made with malice”.

However, it is provided that nothing in this clause shall apply to the publication of any report of the proceedings of a secret sitting of either House of the  Parliament or the State Legislative Assembly, or as the case may be, either house of Legislature, of a state.

Privileges vs Fundamental Right: Supreme Court’s judgements

In Gunupati Keshavaram Reddi vs Nafisul Hasan case, Supreme Court ruled that Article 105/ Article 194 was subject to the fundamental rights guaranteed under Article 22 (2) in Part III of the Constitution.

However, in M.S.M. Sharma vs S.K. Sinha case, Supreme Court held that in case of conflict between fundamental right under Article 19 (1) (a) and a privilege under Article 194 (3), the later would prevail.

Conclusion

Going through various judgements and changes made by Parliament itself, one may conclude that Parliamentary privileges are not absolute in true sense, though in some cases it over rides other rights. 

So, we may conclude that Parliamentary privileges are still absolute but

  1. Within the walls of Parliament
  2. In case of secret sittings
  3. When not publicised
  4. When it does not contradicts some of the basic fundamental rights

 

 

 

Please follow and like us:
100

130 Responses to Are Parliamentary privileges absolute under Indian Constitution?

  1. Black on black in the Charger I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  2. Black on black in the Charger I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  3. Black on black in the Charger I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  4. Avril Perozo says:

    Black on black in the Charger I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  5. Black on black in the Charger I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  6. I’m quite certain I’ll learn lots of new stuff right https://bzp65.com/

  7. Don’t wear seat belts lest you drown in you own urine? https://bzp65.com/

  8. Caleb Streu says:

    Don’t wear seat belts lest you drown in your own urine? https://bzp65.com/

  9. Karl Soja says:

    It?s hard to come by knowledgeable people on this subject, however, you https://php665.com/

  10. After reading your post, you have a great website with interesting content. But I think you can improve your current google ranks by using SEO website traffic net. My friend uses it and it works great. Just google it, it’s very nice tool to bring you a lot of new readers on a daily basis. Keep up the quality work!

  11. After reading your post, you have a great website with interesting content. But I think you can improve your current google ranks by using this service. My friend uses it and it works great. Just check to https://bit.ly/2v7j3id, it’s very nice tool to bring you a lot of new readers on a daily basis. Keep up the quality work!

  12. let’s investing your money on https://koinworks.com/invite/52733 , Start from Rp 100.000 Gets 18 easy and highest fee on vintech world

  13. With thanks! Valuable information!

  14. Black on black in the Charg I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  15. Don’t wear seat belts lest you drown in your own urine?

  16. With thanks! Valuable information!

  17. Don’t wear seat belts lest you drown in you own urine?

  18. Black on black in the Charger I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  19. Edris Bouten says:

    With thanks! Valuable information!

  20. Black on black in the Charg I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  21. Don’t wear seat belts lest you drown in you own urine?

  22. Dwayne Waner says:

    With thanks! Valuable information!

  23. Cory Knierim says:

    Black on black in the Charg I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  24. Maximo Sofer says:

    Black on black in the Charg I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  25. Dallas Depaz says:

    Don’t wear seat belts lest you drown in you own urine?

  26. With thanks! Valuable information!

  27. Burma Rowand says:

    With thanks! Valuable information!

  28. Alonso Feser says:

    With thanks! Valuable information!

  29. With thanks! Valuable information!

  30. With thanks! Valuable information!

  31. Mark Drinen says:

    With thanks! Valuable information!

  32. Tayna Ottrix says:

    With thanks! Valuable information!

  33. With thanks! Valuable information!

  34. I like this internet site because so much useful material on here : D.

  35. Black on black in the Charger I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  36. With thanks! Valuable information!

  37. With thanks! Valuable information!

  38. Don’t wear seat belts lest you drown in your own urine?

  39. Paul Zapico says:

    Don’t wear seat belts lest you drown in your own urine?

  40. Awilda Galle says:

    With thanks! Valuable information!

  41. Black on black in the Charg I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  42. Eugenie Fida says:

    Black on black in the Charg I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  43. Don’t wear seat belts lest you drown in your own urine?

  44. Doug Hollie says:

    Don’t wear seat belts lest you drown in your own urine?

  45. Don’t wear seat belts lest you drown in you own urine?

  46. Like says:

    Like!! Great article post.Really thank you! Really Cool.

  47. Don’t wear seat belts lest you drown in your own urine?

  48. Dan Homes says:

    Don’t wear seat belts lest you drown in your own urine?

  49. Black on black in the Charger I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  50. With thanks! Valuable information!

  51. I went over this site and I think you have a lot of good information, saved to fav :)

  52. Don’t wear seat belts lest you drown in your own urine?

  53. Don’t wear seat belts lest you drown in your own urine?

  54. Don’t wear seat belts lest you drown in you own urine?

  55. Don’t wear seat belts lest you drown in your own urine?

  56. Karri says:

    Thanks for another great read.Most impoprtant point is choosing words

  57. Emiko Issac says:

    With thanks! Valuable information!

  58. Black on black in the Charg I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  59. Edison Rappl says:

    Black on black in the Charg I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  60. Cory Knierim says:

    Black on black in the Charger I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini https://bzp65.com/

  61. Lacy Liston says:

    Black on black in the Charg I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  62. Youre so cool! I dont suppose Ive read anything like this before. So good to seek out any individual with some authentic ideas on this subject. realy thank you for starting this up. this web site is one thing that’s wanted on the web, somebody with a little originality. helpful job for bringing something new to the web!

  63. Webdiensten says:

    Oh my goodness! a tremendous article dude. Thank you However I’m experiencing problem with ur rss . Don’t know why Unable to subscribe to it. Is there anybody getting similar rss drawback? Anybody who is aware of kindly respond. Thnkx

  64. Can I just say what a reduction to find someone who actually knows what theyre speaking about on the internet. You positively know learn how to carry a difficulty to light and make it important. Extra people must learn this and perceive this side of the story. I cant imagine youre not more common since you undoubtedly have the gift.

  65. ark commands says:

    There are some attention-grabbing cut-off dates in this article however I don’t know if I see all of them heart to heart. There may be some validity however I will take maintain opinion until I look into it further. Good article , thanks and we would like extra! Added to FeedBurner as well

  66. With thanks! Valuable information!

  67. Don’t wear seat belts lest you drown in you own urine?

  68. Evan Kuhnle says:

    I have been checking out many of your stories and i can state pretty https://bzp65.com/

  69. There is noticeably a bundle to know about this. I assume you made sure good points in options also.

  70. kittensite says:

    There are some interesting points in time in this article however I don’t know if I see all of them heart to heart. There’s some validity but I will take maintain opinion till I look into it further. Good article , thanks and we would like more! Added to FeedBurner as nicely

  71. Russel Teece says:

    Black on black in the Charger I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  72. With thanks! Valuable information!

  73. I conceive this web site has got some real good information for everyone https://bzp65.com/

  74. reapinfo says:

    I know top Blog professionals would really like your blog. You have a good head on your shoulders. You always know just what to say. I truly appreciate this page. Neat post.

  75. Black on black in the Charger I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  76. With thanks! Valuable information!

  77. good stuff. I will make sure to bookmark your blog. https://bzp65.com/

  78. Youre so cool! I dont suppose Ive read anything like this before. So good to seek out any individual with some authentic ideas on this subject. realy thank you for starting this up. this web site is one thing that’s wanted on the web, somebody with a little originality. helpful job for bringing something new to the web!

  79. With thanks! Valuable information!

  80. With thanks! Valuable information!

  81. good stuff. I will make sure to bookmark your blog. https://bzp65.com/

  82. Don’t wear seat belts lest you drown in you own urine?

  83. Black on black in the Charg I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini http://bnuphoto.com

  84. I know top Blog professionals would really like your blog. You have a good head on your shoulders. You always know just what to say. I truly appreciate this page. Neat post.

  85. Thank you, I have just been looking for info approximately this topic for
    a while and yours is the greatest I’ve found out till now.

    But, what in regards to the bottom line? Are you sure concerning
    the supply?

  86. Johnson Seu says:

    Black on black in the Charger I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini

  87. Silva Busbee says:

    good stuff. I will make sure to bookmark your blog. https://bzp65.com/

  88. Don’t wear seat belts lest you drown in you own urine?

  89. Marion Yanik says:

    With thanks! Valuable information!

  90. how to get free steam wallet codes says:

    I’d need to test with you here. Which is not one thing I normally do! I get pleasure from studying a put up that may make people think. Additionally, thanks for permitting me to remark!

  91. Thank you, I have just been looking for info approximately this topic for
    a while and yours is the greatest I’ve found out till now.

    But, what in regards to the bottom line? Are you sure concerning
    the supply?

  92. Perfectly composed articles , thankyou for information. :)

  93. Don’t wear seat belts lest you drown in you own urine?

  94. Byron Greber says:

    Don’t wear seat belts lest you drown in your own urine? https://bzp65.com/

  95. I know top Blog professionals would really like your blog. You have a good head on your shoulders. You always know just what to say. I truly appreciate this page. Neat post.

  96. Don’t wear seat belts lest you drown in you own urine?

  97. I was suggested this website by my cousin. I’m not sure whether this post is written by him as nobody else know such detailed about my problem. You’re amazing! Thanks!

  98. Sonja Kelii says:

    With thanks! Valuable information!

  99. Cruz Dundee says:

    Black on black in the Charg I’m creepin’ Rub me the right way, you might get a genie B.o.B, black Houdini https://bzp65.com/

  100. Zune and iPod: Most people compare the Zune to the Touch, but after seeing how slim and surprisingly small and light it is, I consider it to be a rather unique hybrid that combines qualities of both the Touch and the Nano. It’s very colorful and lovely OLED screen is slightly smaller than the touch screen, but the player itself feels quite a bit smaller and lighter. It weighs about 2/3 as much, and is noticeably smaller in width and height, while being just a hair thicker.

  101. yerli araba says:

    The new Zune browser is surprisingly good, but not as good as the iPod’s. It works well, but isn’t as fast as Safari, and has a clunkier interface. If you occasionally plan on using the web browser that’s not an issue, but if you’re planning to browse the web alot from your PMP then the iPod’s larger screen and better browser may be important.

  102. Zune and iPod: Most people compare the Zune to the Touch, but after seeing how slim and surprisingly small and light it is, I consider it to be a rather unique hybrid that combines qualities of both the Touch and the Nano. It’s very colorful and lovely OLED screen is slightly smaller than the touch screen, but the player itself feels quite a bit smaller and lighter. It weighs about 2/3 as much, and is noticeably smaller in width and height, while being just a hair thicker.

  103. This is getting a bit more subjective, but I much prefer the Zune Marketplace. The interface is colorful, has more flair, and some cool features like ‘Mixview’ that let you quickly see related albums, songs, or other users related to what you’re listening to. Clicking on one of those will center on that item, and another set of “neighbors” will come into view, allowing you to navigate around exploring by similar artists, songs, or users. Speaking of users, the Zune “Social” is also great fun, letting you find others with shared tastes and becoming friends with them. You then can listen to a playlist created based on an amalgamation of what all your friends are listening to, which is also enjoyable. Those concerned with privacy will be relieved to know you can prevent the public from seeing your personal listening habits if you so choose.

  104. Hands down, Apple’s app store wins by a mile. It’s a huge selection of all sorts of apps vs a rather sad selection of a handful for Zune. Microsoft has plans, especially in the realm of games, but I’m not sure I’d want to bet on the future if this aspect is important to you. The iPod is a much better choice in that case.

  105. Hands down, Apple’s app store wins by a mile. It’s a huge selection of all sorts of apps vs a rather sad selection of a handful for Zune. Microsoft has plans, especially in the realm of games, but I’m not sure I’d want to bet on the future if this aspect is important to you. The iPod is a much better choice in that case.

  106. Zune and iPod: Most people compare the Zune to the Touch, but after seeing how slim and surprisingly small and light it is, I consider it to be a rather unique hybrid that combines qualities of both the Touch and the Nano. It’s very colorful and lovely OLED screen is slightly smaller than the touch screen, but the player itself feels quite a bit smaller and lighter. It weighs about 2/3 as much, and is noticeably smaller in width and height, while being just a hair thicker.

  107. If you’re still on the fence: grab your favorite earphones, head down to a Best Buy and ask to plug them into a Zune then an iPod and see which one sounds better to you, and which interface makes you smile more. Then you’ll know which is right for you.

  108. Sorry for the huge review, but I’m really loving the new Zune, and hope this, as well as the excellent reviews some other people have written, will help you decide if it’s the right choice for you.

  109. The new Zune browser is surprisingly good, but not as good as the iPod’s. It works well, but isn’t as fast as Safari, and has a clunkier interface. If you occasionally plan on using the web browser that’s not an issue, but if you’re planning to browse the web alot from your PMP then the iPod’s larger screen and better browser may be important.

  110. Apple now has Rhapsody as an app, which is a great start, but it is currently hampered by the inability to store locally on your iPod, and has a dismal 64kbps bit rate. If this changes, then it will somewhat negate this advantage for the Zune, but the 10 songs per month will still be a big plus in Zune Pass’ favor.

  111. Oh my goodness! a tremendous article dude. Thank you However I’m experiencing problem with ur rss . Don’t know why Unable to subscribe to it. Is there anybody getting similar rss drawback? Anybody who is aware of kindly respond. Thnkx

  112. There are some attention-grabbing cut-off dates in this article however I don’t know if I see all of them heart to heart. There may be some validity however I will take maintain opinion until I look into it further. Good article , thanks and we would like extra! Added to FeedBurner as well

  113. you have got an excellent weblog right here! would you wish to make some invite posts on my weblog?

  114. Youre so cool! I dont suppose Ive read anything like this before. So good to seek out any individual with some authentic ideas on this subject. realy thank you for starting this up. this web site is one thing that’s wanted on the web, somebody with a little originality. helpful job for bringing something new to the web!

  115. I am always thought about this, appreciate it for posting.

  116. This is my first time go to see at here and i am truly impressedto read everthing at one place.

  117. Thank you for your whole work on this web page. My daughter delights in engaging in internet research and it’s really easy to understand why. Most of us learn all about the compelling method you produce very important tips and tricks by means of this blog and as well as invigorate response from some other people on this topic and our favorite simple princess has always been learning a lot. Take pleasure in the rest of the new year. Your conducting a fantastic job.

  118. I like looking at and I think this website got some really useful stuff on it! .

  119. I like this blog very much, Its a very nice billet to read and incur information.

  120. Awesome blog! Is your theme custom made or did you download it from somewhere? A design like yours with a few simple adjustements would really make my blog stand out. Please let me know where you got your theme. Many thanks

  121. Very neat article post.Much thanks again. Fantastic.

  122. buy proxies says:

    Whats up are using WordPress for your site platform? I’m new to the blog world but I’m trying to get started and set up my own. Do you require any html coding expertise to make your own blog? Any help would be greatly appreciated!

  123. Valuable information. Lucky me I found your web site by accident, and I am shocked why this accident did not happened earlier! I bookmarked it.

  124. you’re really a good webmaster. The web site loading speed is incredible. It seems that you are doing any unique trick. Also, The contents are masterwork. you’ve done a wonderful job on this topic!

  125. Laverne Dom says:

    Thanks for the concepts you talk about through this website. In addition, a lot of young women who become pregnant usually do not even seek to get health insurance coverage because they are full of fearfulness they might not qualify. Although many states currently require that insurers provide coverage no matter what about the pre-existing conditions. Costs on these guaranteed plans are usually bigger, but when taking into consideration the high cost of medical treatment it may be some sort of a safer way to go to protect your own financial future.

  126. jobs seo says:

    Hi, You have a nice website, after reading your blog post I browsed your website a bit and noticed you aren’t ranking nearly as well in Google as you could be. If you are interested to rank on top of search engines, we can give you a free SEO consultation on https://allinoneseosolution.com/

  127. Jasa like says:

    A formidable share, I simply given this onto a colleague who was doing just a little analysis on this. And he in reality bought me breakfast as a result of I discovered it for him.. smile. So let me reword that: Thnx for the treat! However yeah Thnkx for spending the time to debate this, I feel strongly about it and love studying extra on this topic. If possible, as you develop into expertise, would you mind updating your blog with more particulars? It’s extremely helpful for me. Large thumb up for this blog publish!

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

error: Content is protected !!