Parliamentary Privileges (Article 105) – UPSC Notes

Parliamentary Privileges under Article 105 of the Indian Constitution safeguard the freedom, authority, and dignity of Parliament. These parliamentary immunities ensure that Members of Parliament can perform their legislative functions without external pressure or legal intimidation. 

This topic is crucial for UPSC Prelims (GS Paper 1) & Mains GS Paper 2 (Polity & Governance) under constitutional provisions, separation of powers, and recent debates on legislative accountability.

Parliamentary privileges are the rights and immunities enjoyed by Members of Parliament (MPs) to enable them to perform their legislative duties without external interference or intimidation. These privileges protect the dignity, authority, and functioning of Parliament and ensure that its proceedings are conducted in a disciplined and undisturbed manner.

1. Origin

Parliamentary privileges in India originated with the Charter Act 1833 and were further developed under the Government of India Act 1935, which formally recognised legislative freedom of speech.

2. Constitutional Basis

• Parliamentary privileges are enshrined in Article 105 of the Constitution of India.
• They provide freedom of speech in Parliament and immunity from legal proceedings for anything said or any vote given in Parliament or its committees.

3. Immunity from Legal Liability

• MPs are exempt from civil or criminal liability for statements made or acts done in the course of parliamentary duties.
• This ensures independent debate and decision-making.

4. Sources of Privileges

These privileges are derived from:

• The Constitution of India
• Parliamentary conventions
• Laws made by Parliament
• Rules of Procedure and Conduct of Business in Lok Sabha and Rajya Sabha
• Judicial interpretations

5. Co-terminus with Membership

• Parliamentary privileges exist only during the tenure of membership.
• Once a person ceases to be an MP, these privileges automatically end.

6. Not Absolute in Nature

• Parliamentary privileges are not unlimited. MPs must exercise them responsibly and cannot misuse them for personal benefit.
• Judicial review and constitutional principles act as safeguards against abuse.

Must read: Sessions of Parliament: Provisions & Types (UPSC Notes)

The Constitution of India clearly defines the scope and protection of legislative privileges at both the Union and State levels. Here are the provisions:

Also read: What is Constitutional Morality? [UPSC Notes]

Parliamentary privileges in India are broadly classified into Individual Privileges and Collective Privileges. Under Article 105, both individual members and the Houses of Parliament are granted certain immunities necessary for the effective discharge of their constitutional responsibilities.

1. Individual Privileges

These are rights enjoyed by individual MPs to enable them to perform their duties independently and without fear.

2. Collective Privileges

These are privileges enjoyed by each House of Parliament (Lok Sabha and Rajya Sabha) collectively to safeguard institutional authority and autonomy.

A breach of parliamentary privilege occurs when any act obstructs, insults, or undermines the rights, immunities, or authority of Parliament or its Members. 

• It may be committed by an MP or by an outsider.
• Such a breach is treated seriously because it affects the dignity, independence, and smooth functioning of the legislature.
• Additionally, actions that obstruct legislative functioning may also be treated as contempt of the House, even if no specific privilege is directly violated.

When Does a Breach Occur?

A breach of parliamentary privilege may occur in the following situations:

• Obstructing an MP while performing parliamentary duties.
• Threatening or intimidating a member for speeches or votes given in the House.
• Publishing false or distorted reports of parliamentary proceedings.
• Disobeying orders or summons issued by a parliamentary committee.
• Leaking confidential committee reports before they are officially presented.

Example

If a person files a defamation case against an MP for statements made during a debate in Parliament, it would amount to a breach of privilege because MPs are immune from legal proceedings for anything said inside the House.

A question of privilege is raised when a Member believes that a privilege of the House or of any MP has been violated. 

• Authority: Only Parliament has the power to decide whether a breach of privilege or contempt has occurred. Courts do not have jurisdiction over such internal matters (subject to constitutional limits).

Step-by-Step Process

1. Notice to Presiding Officer: A Member must seek the consent of the Speaker (Lok Sabha) or the Chairman (Rajya Sabha) before raising a question of privilege.

2. Grant of Consent: If the presiding officer admits the notice, the matter may:

• Be taken up directly by the House, or
• Be referred to the Committee of Privileges.

3. Reference to Committee of Privileges:

• In Lok Sabha: 15 members
• In Rajya Sabha: 10 members

4. Role of the Committee of Privileges:

• Examines whether a breach occurred.
• Studies the nature, facts, and circumstances of the case.
• Submits a report with recommendations to the House.
• The House debates the report and decides whether to accept or reject the recommendations.
• Action is taken based on the final resolution of the House.

5. Chairman/Speaker’s Special Powers: The presiding officer may:

• Refer a matter suo motu (on their own initiative) to the Committee, or
• Conduct a preliminary inquiry and inform the House.

6. Key Restrictions on Privileges

• Only one privilege question can be raised per sitting.
• It must relate to a specific and recent matter.

7. Punishment for Breach of Privilege

If the House finds a person guilty, it may impose:

• Reprimand or warning
• Suspension (for MPs)
• Expulsion (in serious cases)
• Imprisonment (limited to the duration of the session)

Example Case:

In 1978, Indira Gandhi was found guilty of breach of privilege and contempt by the Lok Sabha Privileges Committee. She was expelled from Parliament and briefly imprisoned. However, the resolution was later rescinded in 1981.

Despite their constitutional importance under Article 105, parliamentary privileges face several practical and constitutional challenges:

• Lack of Codification: Most privileges are not clearly defined in statutory law, leading to ambiguity and varied interpretation.
• Conflict with Fundamental Rights: Privileges sometimes clash with rights like freedom of speech and expression under Article 19.
• Judicial vs Legislative Supremacy: Tensions arise between Parliament’s autonomy and the power of judicial review.
• Possibility of Misuse: Privilege motions may be used for political retaliation rather than genuine protection of the House.
• Transparency Concerns: Actions taken under privilege powers may lack clear procedural safeguards.
• Media and Free Press Issues: Reporting on parliamentary proceedings can sometimes lead to privilege notices, raising concerns about press freedom.

Parliamentary privileges are meant to protect legislative independence, not to shield misconduct. Their effective use requires a balance between autonomy, accountability, and constitutional morality. The following measures can strengthen their proper application:

1. Codification of Privileges: Clearly defining privileges through legislation can reduce ambiguity and prevent arbitrary interpretation, while remaining consistent with Article 105.
2. Adherence to Constitutional Values: Privileges must align with fundamental rights, the rule of law, and democratic principles.
3. Avoiding Political Misuse: Privilege motions should not be used as tools for political vendetta or to silence criticism.
4. Transparency in Proceedings: Decisions related to breach of privilege should follow fair procedure and reasoned orders.
5. Strengthening Committee Mechanisms: Privileges Committees should function impartially and ensure due process before recommending action.
6. Respect for Judicial Review: While maintaining legislative autonomy, Parliament must operate within constitutional limits subject to judicial scrutiny in cases of illegality or substantive unconstitutionality.
7. Promoting Ethical Conduct Among MPs: Responsible debate, fact-based arguments, and adherence to parliamentary ethics reduce unnecessary privilege conflicts.

Also read: President of India UPSC Notes: Elections, Veto Power & Impeachment Process

In a modern constitutional system, these Parliamentary privileges should evolve to ensure transparency, accountability, and respect for fundamental rights while preserving legislative independence under Article 105.