Powers, Privileges and Immunities of the Member of the Parliament

Members of Parliament in India, as outlined in Article 105 of the Constitution, enjoy certain powers, privileges, and immunities to ensure they can effectively discharge their duties without undue interference, including freedom of speech, immunity from legal proceedings for statements made in Parliament, and protection from arrest during certain periods. 

Powers of a Member of Parliament:

Legislative Powers:

• Participate in debates in the parliament 
• Question the government on matters of public importance. 
• Initiate legislation in the form of bills and motions. 
• Oversee government spending to have a control over it. 

Representative Powers:

• Represent the interests and aspirations of their constituencies. 
• Advocate for policies and programs that benefit their constituents. 

Other Powers:

• Participate in parliamentary committees that investigate specific issues or draft legislation. 
• Participate in Elections. 

Parliamentary Privileges and Immunities

Parliamentary privileges and immunities refer to the special rights, freedoms, and exemptions granted to members of Parliament (MPs) and members of state legislatures in India to enable them to perform their duties efficiently and without interference.  

These privileges ensure the independence, dignity, and effective functioning of legislative institutions in a democratic framework. 

Sources of Parliamentary Privileges: 

1. Constitution of India: Articles 105, 122, 194 and 212 has provisions for various privileges for the MPs which include freedom of speech, immunity from legal proceedings amongst many others.
2. Parliamentary Conventions (based on British parliamentary practices as of 1947). 
3. Statutory Laws (laws enacted by Parliament). 
4. Rules of Procedure and Conduct of Business (Lok Sabha and Rajya Sabha). 
5. Judicial Interpretations (Supreme Court and High Court rulings). 

Parliamentary Privileges Enjoyed by MPs 

1. Freedom of Speech: Members have the right to freely express themselves in Parliament (Article 105(1)). 
2. Immunity from Legal Proceedings: Members are protected from court action for anything said or any vote cast in Parliament or its committees (Article 105(2)). 
3. Protection for Publications: No court proceedings can be initiated against individuals for publishing reports, papers, votes, or proceedings authorized by Parliament (Article 105(2)). 
4. Exemption from Judicial Inquiry: Courts cannot question the validity of parliamentary proceedings on grounds of procedural irregularities (Article 122(1)). 
5. Freedom from Arrest: Members are exempt from arrest in civil cases during sessions, as well as 40 days before and after the session (Section 135A, Code of Civil Procedure, 1908).