The powers and privileges of Parliament are the special rights, immunities, and exemptions enjoyed by the Houses, their committees, and their members. These are essential for the effective discharge of their functions without fear or interference.
In India, Article 105 of the Constitution deals specifically with the privileges of Parliament, while Article 194 deals with State Legislatures.
1. Classification of Privileges
Privileges are broadly divided into two categories:
A. Collective Privileges (Enjoyed by the House)
Right to Publish: The House can publish its reports, debates, and proceedings, and can also prohibit others from publishing them.
Exclusion of Strangers: Each House has the right to exclude strangers (non-members) from its proceedings and hold secret sittings to discuss sensitive matters.
Regulation of Internal Affairs: The House has the exclusive right to regulate its own procedure and conduct of business.
Punishment for Contempt: The House can punish both members and outsiders for "breach of privilege" or "contempt of the House" (which includes reprimand, admonition, or imprisonment).
Right to Information: The House has the right to receive immediate information regarding the arrest, detention, conviction, imprisonment, and release of any of its members.
B. Individual Privileges (Enjoyed by Members)
Freedom of Speech: No member is liable to any proceedings in any court for anything said or any vote given in Parliament or its committees.
Freedom from Arrest: Members cannot be arrested in civil cases during the session of Parliament, and 40 days before the beginning and 40 days after the end of a session.
Note: This privilege does not extend to criminal cases or preventive detention.
Exemption from Jury Service: Members can refuse to give evidence or appear as a witness in a court when Parliament is in session.
2. Sources of Privileges
The Indian Constitution originally stated that privileges would be the same as those of the British House of Commons. Currently, they are derived from:
Constitutional Provisions (Articles 105 and 122).
Various Laws made by Parliament.
Rules of Both Houses.
Parliamentary Conventions.
Judicial Interpretations.
3. Relationship with Fundamental Rights
The relationship between Parliamentary privileges and Fundamental Rights (specifically Article 19(1)(a) – Freedom of Speech) has been a subject of judicial debate.
MSM Sharma Case (1959): The Supreme Court held that Parliamentary privileges are not subject to the provisions of Article 19(1)(a).
Powers, Privileges and Immunities of State Legislatures (1964): The Court clarified that while privileges are generally superior to Article 19, they are subject to Article 21 (Right to Life and Personal Liberty) and Article 22 (Protection against arrest/detention).
Codification: There is a recurring debate about codifying these privileges into law. Currently, they remain uncodified to allow for flexibility, but this often leads to conflicts with the judiciary over the scope of "contempt."
4. Courts and Privileges (Article 122)
Article 122 states that the validity of any proceedings in Parliament cannot be called into question in a court on the ground of any alleged "irregularity of procedure." This protects the autonomy of the legislative process.
No comments:
Post a Comment