Parliamentary Privileges & Committee

Parliamentary Privileges & Committee

Context

In the evolving landscape of Indian governance in 2026, Parliamentary Privileges remain a cornerstone of legislative independence. These protections ensure that elected representatives can perform their duties effectively, balancing the need for free speech with the dignity of the House.

About Parliamentary Privileges

What are they?

Parliamentary privileges are special rights, immunities, and exemptions enjoyed by the Houses of Parliament, their committees, and their members. These are essential for the legislature to maintain its authority, independence, and dignity.

Constitutional Basis:

• Article 105: Specifies the privileges of the Parliament, its members, and committees.
• Article 194: Specifies the corresponding privileges for State Legislatures.

Types of Privileges

Privileges are broadly categorized into two types to ensure both individual freedom and collective authority:

• Individual Privileges:
  • Freedom of Speech: Members cannot be held liable in any court for anything said or any vote given in the House.
  • Freedom from Arrest: Immunity from arrest in civil cases during a session and 40 days before/after. (Note: This does not apply to criminal cases or preventive detention).
  • Exemption from Jury Service: Members can refuse to attend court as witnesses when Parliament is in session.
• Collective Privileges:
  • Right to Publish: The power to publish reports and proceedings and the right to exclude others from doing so.
  • Right to Exclude Strangers: The power to hold "secret sittings" to discuss sensitive matters.
  • Punitive Power: The authority to punish both members and outsiders for "breach of privilege" or "contempt of the House."
  • Regulation of Internal Affairs: The right of the House to regulate its own procedure and conduct of business.

Privileges Committee

The Privileges Committee acts as a quasi-judicial standing committee. Its primary role is to examine cases of "breach of privilege" and recommend appropriate action to the House.

State Legislatures: Committees typically consist of 9 to 15 members, depending on the size of the assembly and its specific rules of procedure.

Challenges and Criticisms

• Lack of Codification: Unlike many other democracies, India has not fully codified these privileges. They are still largely based on British House of Commons precedents as they existed on January 26, 1950.
• Conflict with Fundamental Rights: There is often a "tussle" between Parliamentary Privilege and the Right to Freedom of Speech (Article 19) of citizens and the press.
• Ambiguity: The term "contempt of the House" is broadly defined, leading to concerns about potential misuse against political critics or journalists.

Way Forward

• Codification: Legal experts often suggest codifying privileges to provide clarity and prevent overlap with the fundamental rights of citizens.
• Judicial Oversight: While courts generally do not interfere in internal legislative proceedings, they can intervene if a privilege violates the "basic structure" or fundamental rights (as seen in the MSM Sharma and Keshav Singh cases).
• Self-Restraint: Legislatures should exercise these powers sparingly, focusing on protecting the functioning of the House rather than punishing criticism of the House.

Conclusion

Parliamentary privileges are not meant to place legislators "above the law" but to ensure they can represent the people without fear or favor. As India's democracy matures, balancing these ancient protections with modern transparency remains a vital constitutional task.