Law and You > Constitutional Law > Privileges and Immunities of Members of Parliament
According to Erskine May, “Parliamentary privilege is the sum of certain rights enjoyed by each House collectively… and by members of each House individually, without which they could not discharge their functions, and which exceed those possessed by other bodies or individuals. Some privileges rest solely on the law and custom of Parliament, while others have been defined by statute. Certain rights and immunities such as freedom from arrest or freedom of speech belong primarily to individual members of each House and exist because the House cannot perform its functions without unimpeded use of the services of its members. Other rights and immunities, such as the power to punish for contempt and the power to regulate its own constitution belong primarily to each House as a collective body, for the protection of its members and the vindication of its own authority and dignity. Fundamentally, however, it is only as a means to the effective discharge of the collective functions of the House that the individual privileges are enjoyed by members. In this article we shall understand privileges and immunities of members of Parliament
Privileges and Immunities of Members of Parliament
When any of these rights and immunities is disregarded or attacked, the offence is called a breach of privilege and is punishable under the law of Parliament. Each House also claims the right to punish contempts, that is, actions which, while not breaches of any specific privilege, obstruct or impede it in the performance of its functions, or are offences against its authority or dignity, such as disobedience to its legitimate commands or libels upon itself, its members or its officers.
Constitutional Provisions
The Constitution of India specifies some of the privileges. These are
The Constitution of India specifies some of the privileges. These are
- Freedom of speech in Parliament (Article 105(1));
- Immunity to a member from any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof. Immunity to a person from proceedings in any court in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings (Article 105(2)).
- Courts are prohibited from inquiring into the validity of any proceedings in Parliament on the ground of an alleged irregularity of procedure (Article 122(1))
- No officer or Member of Parliament empowered to regulate procedure or the conduct of business or to maintain order in Parliament can be subject to a court’s jurisdiction in respect of exercise by him of those powers (Article 122(2))
- No person can be liable to any civil or criminal proceedings in any court for publication in a newspaper of a substantially true report of any proceedings of either House of Parliament unless the publication is proved to have been made with malice. This immunity is also available for reports or matters broadcast by means of wireless telegraphy (Article 361A). This immunity, however, is not available to publication of proceedings of a secret sitting of the House (Article 361A(2) and Proviso)
Statutory Provision
Apart from the privileges as specified in the Constitution, the Code of Civil Procedure, 1908, provides for freedom from arrest and detention of members under civil process during the continuance of the meeting of the House or of a committee thereof and forty days before its commencement and forty days after its conclusion (Code of Civil Procedure, S. 135A).
If any individual or authority violates or disregards any of the privileges, powers and immunities of the House or members or committees thereof, he may be punished for “breach of privilege” or “contempt of the House”. The House has the power to determine as to what constitutes breach of privilege and contempt. The penal jurisdiction of the House in this regard covers its members as well as strangers and every act of violation of privileges, whether committed in the immediate presence of the House or outside of it.
A person found guilty of breach of privilege or contempt of the House may be punished either by imprisonment, or by admonition (warning) or reprimand. Two other punishments may also be awarded to the members for contempt, namely, ‘suspension’ and ‘expulsion’ from the House.
Collective Privileges of Parliament
- Right of the House to receive immediate intimation of the arrest, detention, conviction, imprisonment and release of a Member.
- Immunity from arrest and service of legal process within the precincts of the House without obtaining the permission of the Chairman/ Speaker.
- Protection of publication of the proceedings of a secret sitting of the House.
- The evidence tendered before a Parliamentary Committee and its report and proceedings cannot be disclosed or published by anyone until these have been laid on the Table of the House.
- Members or officers of the House cannot give evidence or produce in courts of law, documents relating to the proceedings of the House without the permission of the House.
Limitations
The privileges are not unlimited and are subject to reasonable restrictions, particularly concerning the sovereignty and integrity of the nation. MPs are accountable to their constituents and can face action for unethical behaviour or breach of parliamentary norms.
In the State of Kerala Vs. K. Ajith, AIR 2021 SC 3954 case, the Supreme Court observed, that “privileges and immunities are not gateways to claim exemptions from the general law of the land, particularly as case of, the criminal law which governs the action of every citizen. The Supreme Court rejected the Kerala government’s plea to withdraw criminal cases against its MLAs who were charged in the assembly.
In the P V Narasimha Rao v State (CBI/Spe), 17 April, 1998, also known as the JMM (Jharkhand Mukti Morcha) bribery case, the Supreme Court stated that the bribery is not protected by parliamentary privileges.
Conclusion:
The Privileges and Immunities of Members of Parliament (MPs) in India are essential components of parliamentary democracy, ensuring the independent and effective functioning of the legislature. These privileges are designed to protect MPs from undue influence or interference while they perform their duties and enable them to carry out their constitutional responsibilities without fear of legal repercussions or external pressure.
The privileges of MPs include their freedom to speak in Parliament without fear of defamation lawsuits or other legal actions for things said during parliamentary proceedings. This is crucial for ensuring open and honest debate. Additionally, MPs enjoy immunity from arrest during the session of Parliament, except in cases of serious crimes. This immunity is provided under Article 105 of the Indian Constitution.
The immunities are aimed at safeguarding the legislative process. Members cannot be questioned in any court for anything they say during parliamentary debates or in committee meetings. This allows MPs to express their views freely on national issues and on the actions of the executive without fear of legal consequences.
Moreover, MPs also have the privilege of exempting themselves from certain civil or criminal proceedings while Parliament is in session, ensuring that their attendance and participation are not hindered. This immunity protects the independence of Parliament, helping to uphold the separation of powers between the legislature, executive, and judiciary.
However, these privileges are not absolute and are subject to the Constitution and laws governing parliamentary conduct. Misuse or abuse of these privileges, such as making defamatory statements or disrupting parliamentary proceedings, can lead to disciplinary actions.
In conclusion, the privileges and immunities of MPs are fundamental to ensuring a robust and functional parliamentary system. They protect the legislative body’s autonomy, enabling MPs to carry out their constitutional duties with integrity and without fear of reprisal.