The legal foundation for parliamentary privileges in India is enshrined in Article 105(2) of the Indian Constitution. This provision is crucial as it helps ensure that Members of Parliament (MPs) can perform their legislative duties without undue external pressure.
Parliamentary privileges include various rights and immunities that allow MPs to perform their functions effectively. Key aspects comprise:
A breach of privilege refers to any violation or compromise of the special rights granted to MPs. Examples of such breaches include:
While parliamentary privileges are uncodified, they are guided by conventions and customs, including practices from the British House of Commons. When a breach occurs, an MP can raise a privilege motion to bring attention to the issue.
The Speaker or Chairman plays a critical role in scrutinizing the motion and deciding on further action, which may involve referring it to the Privileges Committee. This committee, chaired by an MP and comprising members from various parties, examines the breach, collects evidence, and recommends appropriate actions.
Based on the committee's recommendations, actions taken by Parliament can vary significantly. These may include reprimands, fines, suspensions, or even expulsion from the house. Ultimately, it is up to the House to accept the committee's recommendations, either wholly or partially.
It is essential to note that the legal immunity granted under Article 105(2) does not extend outside Parliament. MPs can still face legal charges for actions taken outside their parliamentary functions. Relevant sections of the Indian Penal Code (IPC) include:
Any MP can file a complaint, often through the Speaker or Chairman, typically based on unauthorized publications or misleading statements made to the media. However, most notices for breach are often rejected, and penal actions are rare unless the breach is severe.
The relationship between freedom of speech and parliamentary privilege is complex. Under Article 19(1)(a), all citizens have the right to freedom of speech and expression. However, this right is subordinate to parliamentary privileges, allowing MPs immunity for statements made in the House.
For example, while remarks made by an MP in Parliament cannot be legally challenged, the same remarks could lead to legal action if made outside that context. This nuanced interplay was notably highlighted in the Keshav Singh case, where the Supreme Court ruled that violations of Article 21 could be examined concerning parliamentary privileges.
The Keshav Singh case emphasized that the privileges of Parliament, though not codified, must adhere to constitutional principles. Article 21 ensures that no individual can be deprived of their life or personal liberty without due process. Hence, while parliamentary privileges supersede ordinary citizens' rights to some extent, they are not absolute and must align with the fair procedures mandated by Article 21.
In conclusion, parliamentary privileges in India serve as a critical mechanism for enabling legislative duties while ensuring accountability within the framework of the Constitution.
Q1. What is the significance of Article 105(2) in Indian Parliament?
Answer: Article 105(2) provides legal immunity to MPs, allowing them to perform legislative duties without external pressure, ensuring the integrity of parliamentary discussions.
Q2. What actions can be taken if a breach of privilege occurs?
Answer: If a breach of privilege is reported, the Privileges Committee can recommend actions ranging from reprimands to expulsion, subject to the House's approval.
Q3. Can MPs face legal action for their statements made in Parliament?
Answer: No, statements made in Parliament are protected under parliamentary privilege. However, similar statements made outside are subject to legal scrutiny.
Q4. How does the Keshav Singh case relate to parliamentary privileges?
Answer: The Keshav Singh case established that while parliamentary privileges exist, they must still adhere to constitutional safeguards, particularly under Article 21.
Q5. What is the role of the Privileges Committee in Parliament?
Answer: The Privileges Committee examines reported breaches, collects evidence, and recommends actions to address those breaches to uphold parliamentary integrity.
Question 1: What does Article 105(2) of the Indian Constitution provide?
A) Freedom of speech outside Parliament
B) Legal immunity for MPs in Parliament
C) Restrictions on media coverage
D) Mandatory attendance for all MPs
Correct Answer: B
Question 2: What is a breach of privilege?
A) Legal action against an MP
B) Violation of rights granted to MPs
C) Unauthorized publication of laws
D) Failure to attend a session
Correct Answer: B
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