Context: SC stays Lok Sabha privileges panel proceedings on West Bengal BJP MP’s ‘injury complaint’.
Parliamentary privileges
- Each House of Parliament and its Committees collectively and members of each House individually enjoy certain rights, privileges and immunities without which they cannot perform their functions efficiently and effectively.
- The object of parliamentary privilege is to safeguard the freedom, the authority and the dignity of Parliament.
- They are enjoyed by individual members, because the House cannot perform its functions without unimpeded use of the services of its members and by each House collectively for the protection of its members and the vindication of its own authority and dignity.
- The Constitution has also extended the parliamentary privileges to those persons who are entitled to speak and take part in the proceedings of the house i.e. attorney general of India and Union Ministers.
| Collective Privileges | Individual privileges |
|---|---|
| Enjoyed by each house of the parliament collectively | Enjoyed by the members of each house individually |
| Right to publish its reports, debates and proceedings | MPs cannot be arrested during the session of Parliament and 40 days before the beginning and 40 days after the end of a session. |
| Exclude strangers from its proceeding for secret sittings | Freedom of speech in parliament (article 105) and freedom of speech in state assembly (article 194). |
| Make rules to regulate its own procedure and conduct of business | Exempted from jury service, can refuse to give evidence, and appear as a witness in a case pending in a court when parliament is in session |
| Punish members as well as outsiders for breach of its privileges or its contempt | |
| Right to receive immediate information of the arrest, detention, conviction, imprisonment, and release of a member | |
| Institute inquiries and order the attendance of witnesses | |
| Courts are prohibited to inquire into the proceedings of a house or its committees | |
| No legal process can be served within the precincts of the House without the permission of the presiding officer |
Committee of Privileges
- Examines the cases of breach of privileges of the house and its members and recommend appropriate action.
- Members: 15 members in Lok Sabha and 10 members in Rajya Sabha respectively.
- The speaker refers the issue of disqualification under the anti-defection rules to this committee for enquiry.
- can summon relevant individuals for examination and study pertinent documents.
- After reviewing the incidents or cases brought before it, the Parliament Privileges Committee makes recommendations "as it may deem fit”.
- The privilege committee of the Rajya Sabha is chaired by the Deputy Chairperson but in Lok Sabha, there is no such rule.
Parliamentary privileges are vital for the efficient functioning of India’s legislative bodies. 🏛️ They protect the freedom, authority, and dignity of Parliament and its members. 🛡️ The recent stay on Lok Sabha privileges panel proceedings highlights the importance of upholding these privileges. 🚫 #ParliamentaryPrivileges #IndiaPolitics