About

• Parliamentary privilege refers to rights and immunities enjoyed by Parliament as an institution and MPs in their individual capacity so that they  can effectively discharge their functions as entrusted upon them by the Constitution.
• The object of parliamentary privilege is to safeguard the freedom, the authority and the dignity of Parliament.

Constitutional Provisions

• The powers, privileges and immunities of either House of Parliament and of its Members and committees are laid down in Article 105 of the Constitution.
• Article 194 deals with the powers, privileges and immunities of the State Legislatures, their Members and their committees.
• The Constitution of India specifies some of the privileges. These are 
  • freedom of speech in Parliament; 
  • 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.
  • Courts are prohibited from inquiring into the validity of any proceedings in Parliament on the ground of an alleged irregularity of procedure

Statutory Provisions

• 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.

Privileges based on Rules of Procedure and precedents

• The Chairman has a right to receive immediate information of the arrest, detention, conviction, imprisonment and release of a member on a criminal charge or for a criminal offence.
• Members or officers of the House cannot be compelled to give evidence or to produce documents in courts of law, relating to the proceedings of the House without the permission of the House. 
• Members or officers of the House cannot be compelled to attend as witnesses before the other House or a House of a State Legislature or a committee thereof without the permission of the House and without the consent of the member whose attendance is required.

Breach of Privileges

• 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.
• Actions in the nature of offences against the authority or dignity of the House, such as disobedience to its legitimate orders, its members, committees or officers also constitute a breach of privilege.
• While the Constitution has accorded special privileges and powers to parliamentarians and legislators so as “to maintain the dignity and authority of the Houses”, these powers and privileges are not codified. 

• Thus, there are no clear, notified rules to decide what constitutes a breach of privilege, and the punishment it attracts.
• It is a breach of privilege and contempt of the House to make speeches or to print or publish false information reflecting on the character or proceedings of the House, or its Committees, or on any member of the House for or relating to his character or conduct as a legislator.

How does Parliament act on breach of privilege?

• Each House of Parliament is the guardian of its privileges. Lok Sabha and Rajya Sabha have the authority to take suitable action against anyone who breaches the privileges of its members or commits contempt of the House. 
• There are two mechanisms by which Parliament takes up these matters. 
  • The first is by a member raising the issue on the floor of the House, and then the House decides on it. But, Lok Sabha and Rajya Sabha usually send the matter for a detailed examination to their Privileges Committee. The committee recommends to the House a course of action which is then accepted by it. 
  • MPs can also bring matters of breach of privilege to the notice of the presiding officers of their respective Houses. The presiding officers can then decide whether or not to send the case to the committee of privileges.

Privileges Committee

• The Committee is a 10-member panel in the Rajya Sabha and a 15-member panel in the Lok Sabha. 
• Its function is to examine every question involving breach of privilege of the House or of the members of any Committee therefore referred to it by the House or by the Speaker. It determines with reference to the facts of each case whether a breach of privilege is involved and makes suitable recommendations in its report.
• It also states the procedure to be followed by the House in giving effect to the recommendations made by it.

Punishment for a breach of privilege

• The authority to decide the punishment lies with the House. A person found guilty of breach of privileges or contempt can be reprimanded, warned or sent to prison. 
• The period for which the House can commit an offender to custody or prison for contempt is limited to the duration of the session of the House. In case its member is found guilty, the member can be suspended from the House or face expulsion.