Published on 16 Jan 2025
Parliamentary privileges are the rights and immunities enjoyed by members of Parliament which enable them to discharge their duties without interference. Articles 105 and 194 mandate that the MPs and MLAs shall not be liable to any proceedings in any court in respect of anything said or any vote given by him in the Parliament, Legislature or any committees. Apart from these provisions, privileges are also sourced from parliamentary conventions, legislations, rules of the house and judicial interpretations.
Individual privileges
Members cannot be arrested during the session of the Parliament 40 days before the beginning and 40 days after the end of a session.
Members have freedom of speech in Parliament and no member is liable to any proceedings in any court.
They are exempted from jury service when Parliament is in session.
Collective privileges
Right to publish its reports, debates and proceedings.
Rights to make rules to regulate its own procedures.
Right to exclude strangers from the proceedings.
No person can be arrested without the permission of the presiding officer.
Concerns associated with Parliamentary Privileges
Misuse for defamation: Instances where parliamentarians have used their privileges to make defamatory statements against individuals without facing any legal consequences.
Example: In 2018, a defamatory statement was used against Modi by Shashi Tharoor which also hurt the sentiments of Shiva devotees.
Against the principle of equality: Offering certain privileges to the lawmakers while denying those to common citizens is a violation of Article 14.
Protection from criminal prosecution: Parliamentary privileges are being used to evade criminal prosecution or delay legal proceedings.
Example: MP Pappu Yadev got convicted in a murder case but continued to attend Parliamentary sessions and evade imprisonment by citing parliamentary privileges.
Lack of clarity: These privileges are not well codified and this ambiguity associated with the provision leads to varying interpretations and potential misuse.
Misuse of hate speech: Many comments made by the legislators under the protection of privileges have the potential to incite violence, social tension etc.
Example: Comments made by BJP MP Ramesh Bidhuri against a Muslim BSP MP involved the use of hate terms against Islam.
Influence on media and public opinion: Making sensational statements to catch media attention without fearing prosecution for these comments.
There is an urgent requirement to codify these privileges to bring more clarity in its usage which could prevent its misuse for defamatory remarks and hate speech. The privileges should not offer cover for criminals and those which unsettle the social order of the nation.
Polity
Parliamentary Privileges
members of Parliament
article 105
article 194
Individual privileges
Collective privileges
General Studies Paper 2
Parliament and State Legislatures
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