Ans: (d)

13. Parliamentary Privileges

Parliamentary privileges are the rights and immunities provided by the Constitution to both Houses collectively and their members individually, without which they cannot discharge their functions. Both the Houses of Parliament as well as of State Legislature have similar privileges under the Constitution. These privileges protect the freedom of speech of legislators and insulate them against litigation over matters that occur in these houses. Without these privileges the house can neither maintain their authority, dignity and honour nor can protect their members from any obstruction in discharge of their duties.

Arts. 105 and 194 of our Constitution deal only with two matters, namely, freedom of speech and right of publication.

After the 44th Amendment of 1978, the position with regards to privileges relating to other matters is as follows:

i) The privileges of MPs were to be same as those of members of the House of Commons (as they existed at the commencement of the Constitution), until out Parliament itself takes up legislation relating to privileges.

ii) Since no such legislation is made by the Parliament, the privileges are same as in House of Commons subject to such exceptions, which are necessary due to difference in constitutional setup. Reference to House of Commons was omitted in 1978.

In an earlier case, the Supreme Court held that if there was any conflict between the existing privileges of Parliament and the Fundamental rights of a citizen, the former shall prevail. For instance, if the House of a Legislature expunges a portion of its debates from its proceedings, or otherwise prohibits its publication, anybody who publishes such prohibited debate will be guilty of contempt of Parliament and punishable by the House and Fundamental Right of freedom of expression [Art. 19(1)(a)] will be no defence. However, in a later case, the Supreme Court has held that though the existing privileges would not be fettered by Art 19(1)(a), they must be read subject to Arts. 20-22 and 32.

Furthermore, it stated that immunity or protection against criminal prosecution to the members is available only in regard to their official activities and not for acts done in their personal capacity.

Parliamentary privileges can be classified into two broad categories: