Parliamentary Privileges

Parliamentary Privileges

What are Parliamentary Privileges?

• Parliamentary privilege refers to rights and immunities enjoyed by Parliament as an institution and MPs in their individual capacity, without which they cannot discharge their functions as entrusted upon them by the Constitution.
• Article 105 and Article 194 grant privileges or advantages to the members of the parliament so that they can perform their duties or can function properly without any hindrances.
• Such privileges are granted as they are needed for democratic functioning.
• These powers, privileges and immunities should be defined by the law from time-to-time.
• These privileges are considered as special provisions and have an overriding effect in conflict.

Privileges mentioned in the constitution:

Freedom of speech and publication under parliamentary authority:

• This is defined under Article 105(1) and clause (2).
• It gives the members of parliament freedom of speech under clause (1) and provides under Article 105(2) that no member of parliament will be liable in any proceedings before any Court for anything said or any vote given by him in the Parliament or any committee thereof.
• Also, no person will be held liable for any publication of any report, paper, votes or proceedings if the publication is made by the parliament or any authority under it.
• The same provisions are stated under Article 194, in that members of the legislature of a state is referred instead of members of parliament.
• Both the Articles, Article 19(1) (a) and Article 105 of the Constitution talks about freedom of speech.
• Article 105 applies to the members of parliament not subjected to any reasonable restriction.
• Article19(1)(a) applies to citizens but are subject to reasonable restrictions.
• Article 105 is an absolute privilege given to the members of the parliament but this privilege can be used in the premises of the parliament and not outside the parliament.

Power to make rules:

• The Parliament has the power, which is given by the Constitution of India, to make its own rules but this power is subjected to the provisions of the Constitution.
• Though it can make its own rules, the rules should not be made for its own benefit.
• If they make any rule which infringes any provision of the Constitution then it would be held as void.

Freedom from being arrested:

• The member of parliament cannot be arrested 40 days before and 40 days after the session of the house.
• If in any case a member of Parliament is arrested within this period, the concerned person should be released in order to attend the session freely.

Right to exclude strangers from its proceedings and hold secret sessions:

• The object of including this right was to exclude any chances of daunting or threatening any of the members. The strangers may attempt to interrupt the sessions.

Right to prohibit the publication of its reporters and proceedings:

• The right has been granted to remove or delete any part of the proceedings took place in the house.

Right to regulate internal proceedings:

• The House has the right to regulate its own internal proceedings and also has the right to call for the session of the Legislative assembly.
• But it does not have any authority in interrupting the proceedings by directing the speaker of the assembly.

Right to punish members or outsiders for contempt:

• This right has been given to every house of the Parliament.
• If any of its members or maybe non-members commit contempt or breach any of the privileges given to him/her, the houses may punish the person.
• The houses have the right to punish any person for any contempt made against the houses in the present or in the past.

Are these parliamentary privileges defined under law?

• According to the Constitution, the powers, privileges and immunities of Parliament and MP’s are to be defined by Parliament.
• No law has so far been enacted in this respect.
• In the absence of any such law, it continues to be governed by British Parliamentary conventions.

What is breach of privilege?

• A breach of privilege is a violation of any of the privileges of MPs/Parliament.
• Among other things, any action ‘casting reflections’ on MPs, parliament or its committees; could be considered breach of privilege.
• This may include publishing of news items, editorials or statements made in newspaper/magazine/TV interviews or in public speeches.

What is the punishment in case of breach of privilege or contempt of the House? 

• The house can ensure attendance of the offending person.
• The person can be given a warning and let go or be sent to prison as the case may be.
• In the case of throwing leaflets and chappal, the offending individuals were sentenced to simple imprisonment.

Defamation Law in India

What Is Defamation?

• Defamation is the act of communicating false statements about a person that injure the reputation of that person when observed through the eyes of ordinary man.
• Any false and unprivileged statement published or spoken deliberately, intentionally, knowingly with the intention to damage someone’s reputation is defamation.
• A man’s reputation is treated as his property and such damage are punishable by law.
• It could be written or verbal. Written defamation, printed or typed material or images is called as libel and spoken defamation is called slander.

Defamation Law in India:

• Article 19 of the Constitution grants various freedoms to its citizens.
• However, Article 19(2) has imposed reasonable exemption to freedom of speech and expression granted under Article 19(1) (a).
• Contempt of court, defamation and incitement to an offence are some exceptions.
• Defamation is an offence under both the civil and criminal law.
• In civil law, defamation is punishable under the Law of Torts by imposing punishment in the form of damages to be awarded to the claimant.
• Under the Criminal law, Defamation is a bailable, non-cognizable offence and compoundable offence.
• Hence a policeman may arrest only with an arrest warrant issued by a magistrate.
• The Indian Penal Code punishes the offence with a simple imprisonment up to two years, or with fine, or both.

Civil Defamation:

• The statements made need to be false and it must be made without the consent of the alleged defamed person.
• Monetary compensation can be claimed from the defendant for defamation.
• There are certain requirements for successful defamation suit.

Criminal Defamation:

• It is nothing but a defamation for which simple imprisonment may be awarded.
• Under a criminal suit, intention to defame is necessary.
• The allegation should be made with malice intent to defame another or at least the knowledge that the publication is likely to defame another is essential.
• It has to be proved beyond reasonable doubt that the act was being done to lower the reputation of another.
• Section 499 of the Indian Penal Code, 1860 defines what is defamation and its exceptions.
• Words or signs imputed intending to harm or with the knowledge that such imputation will cause harm.
• It may amount to defamation if anything is imputed against a deceased person, if such imputation would harm the reputation had the person been alive.
• The class of persons shall include company or associations.
• It is no defamation unless the alleged defamatory statement either directly or indirectly lowers the moral or intellectual character or his respect of his caste or his calling in the estimation of others.

Constitutionality of Defamation Laws:

• Controversies have erupted over the fact that defamation laws are violation of fundamental right guaranteed under Article 19 of the constitution.
• The Supreme Court has ruled that the criminal provisions of defamation are constitutionally valid and are not in conflict with the right to free speech.
• The court also held that the freedom of speech and expression is “absolutely sacrosanct” and is not absolute.
• The right to life under Article 21 shall also include the right to reputation of a person and cannot be allowed to crucify by other’s right of free speech.

Syllabus: Prelims