Parliamentary Privilege refers to the special rights, immunities, and powers granted to Parliament as an institution, as well as to its individual members (MPs), enabling them to perform their constitutional duties effectively and independently. These privileges ensure that Parliament can function without undue interference.

Sources of Parliamentary Privileges

1. Constitution of India

• Article 105: Provides Members of Parliament (MPs) with freedom of speech in Parliament, immunity from legal proceedings for anything said or done in the House or its committees, and authorizes Parliament to define its privileges by law.
• Article 122: Prohibits courts from questioning parliamentary proceedings on the ground of procedural irregularities.
• Article 194: Grants state legislators freedom of speech in the legislature and immunity for actions taken within the House, and empowers the state legislature to define its privileges by law.
• Article 212: Bars courts from inquiring into state legislative proceedings on grounds of procedural irregularities.

2. Parliamentary Conventions
Practices and traditions derived largely from British parliamentary conventions as they existed in 1947.

3. Statutory Laws
Laws enacted by Parliament that clarify or regulate specific privileges.

4. Rules of Procedure and Conduct of Business
Rules framed by the Lok Sabha and Rajya Sabha to regulate their internal functioning and proceedings.

5. Judicial Interpretations
Interpretations and rulings delivered by the Supreme Court and High Courts that define the scope and limits of parliamentary privileges.

Breach of privilege:

A breach of privilege occurs when any individual, authority, or action violates or disregards the rights, privileges, or immunities of Parliament or its members. This includes any conduct that undermines the authority, dignity, or functioning of the House or its committees. Examples include:

• Actions or statements that “cast reflections” on MPs, Parliament, or its committees.
• Publishing articles, editorials, news items, or making public speeches/interviews that defame or insult them.
• Obstructing parliamentary proceedings, disobeying House orders, or interfering with members’ duties.

Such breaches are punishable by the House concerned.

About the Committee of Privileges

This is a standing committee in each House responsible for handling privilege matters:

• Composition: 15 members in the Lok Sabha (nominated by the Speaker) and 10 members in the Rajya Sabha (nominated by the Chairman; the Deputy Chairman typically heads it).
• Powers and Functions:
  • It investigates any question of breach of privilege referred to it by the House, the Speaker (in Lok Sabha), or the Chairman (in Rajya Sabha).
  • It examines the facts of each case to determine if a breach has occurred and recommends appropriate actions or procedures for the House to implement its findings.
  • It may also handle preliminary inquiries into petitions related to member disqualification on grounds of defection (following similar procedures as for privilege cases).
• Reporting Process:
  • When referred by the House, the committee presents its report to the House (by the Chairperson or another member in their absence).
  • When referred by the Speaker/Chairman, the report is submitted to them, who may issue final orders or table it in the House.

Key Judgments Related to Parliamentary Privileges 

• P. V. Narasimha Rao vs. State (CBI/SPE):
  The Supreme Court held that MPs and MLAs who accepted bribes were immune from prosecution if they actually voted or spoke in the House in accordance with the alleged bribe agreement, as such actions were protected under Articles 105 and 194.
• Sita Soren vs. Union of India:
  The Supreme Court reversed the 1998 P.V. Narasimha Rao ruled and held that legislators do not enjoy immunity for accepting bribes in exchange for votes or speeches. The Court emphasized that bribery is a distinct criminal offence and cannot be protected under Articles 105 and 194, as it undermines democratic values and good governance.