Chapter 26: PARLIAMENTARY PRIVILEGES
These are special
rights, privileges or immunity's enjoyed by the MP’s that
and effectiveness of their actions. Without a privilege
the house can’t
maintain is dignity, neither honor nor protect its members
obstructions in their parliamentary duties.
They extend to any member who takes
part in parliamentary proceeding [attorney general or
union ministers] even if
they aren’t members.
However they don’t
extend to the president even though he is a part of the
That belong to both houses are:
to publish records, reports, debates and prohibit others
from doing the same.
However by 44th amendment others can publish
true reports of
proceeding except secret sittings without permission of
to have secret sittings
to informed of the arrest and release of members
to punish for its contempt or breach of privilege
court can inquire into proceedings of house or any
committees. No legal process
[civil / criminal] can be served without informing
Enjoyed by every member.
cannot be arrested during sessions of the parliament. 40
days before beginning
and 40 days after end of each session. This extends to
civil cases not criminal
cases or preventive detention.
have freedom of speech in parliament. No member can be
held liable for anything
said or vote given in parliament in any court.
refuse to give evidence or bear witness during
Breach of privilege
an act by which any person or authority attacks the
rights, immunity's or privileges
of individual or house.
an act of omission which may or may not breach any
specific privilege but lower
dignity and authority of the house. Thus it has a wider
create additional privileges for itself and if these
violate any fundamental
right then these privileges can’t be invalidated as they
hold higher ground.
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