Overview of Legislative Privileges
In a parliamentary democracy, the Legislature holds a crucial position as the law-making authority and as a representative body that voices public concerns. To ensure that legislators perform their functions freely, efficiently, and without external pressures, the Constitution grants them certain privileges and immunities. These privileges are designed to protect the independence and dignity of the legislative institution. The constitutional foundation for these protections lies in Article 105 for the Parliament and Article 194 for State Legislatures. These provisions allow members to express their views, vote, and participate in debates fearlessly. However, the courts play an essential role in interpreting the scope and limitations of these privileges to prevent misuse and ensure harmony between legislative autonomy and constitutional safeguards.
Constitutional Basis for Legislative Privileges
Article 105
- Applies to Members of Parliament.
- Provides freedom of speech in Parliament.
- Protects Members from liability for anything said or any vote given in the House.
- Extends privileges to committees and presiding officers as well.
Article 194
- Provides similar privileges to State Legislative Assemblies and Councils.
- Ensures that State Legislatures operate autonomously like the Union Parliament.
These privileges were adopted from British Parliamentary conventions, where the legislative body must be free from external pressure to deliberate the public interest effectively. However, unlike the UK Parliament, in India, these privileges are subject to the Constitution, and in case of conflict, Fundamental Rights prevail, unless explicitly stated otherwise.
Key Privileges and Immunities of Legislators
1. Freedom of Speech in the Legislature
Legislators enjoy unrestricted freedom of speech within the House. This freedom, however, is not absolute in the general sense, because it is subject to rules, code of conduct and the authority of the Speaker/Chairman.
- Legislators cannot be prosecuted for any speech or vote inside the House.
- This ensures they can question, criticize, and discuss policies without fear.
2. Immunity from Court Proceedings
Members cannot be held liable in court for:
- Any statement made on the floor of the House.
- Any vote or decision taken as part of legislative proceedings.
This promotes open debate and fearless participation in legislative discussions.
3. Right of the House to Regulate Its Own Internal Proceedings
The Legislature has exclusive authority over:
- Framing procedural rules,
- Conducting internal debates, and
- Taking disciplinary action against its members.
Courts generally do not interfere, except where constitutional violations arise.
4. Power to Punish for Contempt
The Legislature may punish any individual or member for:
- Breach of privilege, or
- Contempt of the House.
Punishments may include:
- Reprimand,
- Suspension,
- Imprisonment (in extreme cases).
This power helps preserve the dignity and authority of the Institution.
5. Freedom from Arrest of Members
Members cannot be arrested during a session of the legislature and 40 days before and after the session in civil cases.
However, this immunity does not extend to criminal offenses.
This prevents harassment of members by the Executive through misuse of arrest powers.
Important Judicial Decisions on Legislative Privileges
(1) Gunupati Keshavram Reddy v. Nafisul Hasan, AIR 1952
The Supreme Court held that the House may order arrest in case of breach of privilege but such power must not violate constitutional protections such as fundamental rights and legal procedure.
(2) M.S.M. Sharma v. Shri Krishna Sinha (1959) (Searchlight Case)
The Supreme Court held that freedom of speech inside the legislature prevails over freedom of press. A newspaper cannot publish expunged proceedings without permission.
(3) Pandit Sharma v. Sri Krishna Sinha (1961)
Reaffirmed that legislative privileges are not subject to judicial review, except when they violate constitutional rights.
(4) Keshav Singh Case (1965)
This was a landmark decision that clarified limits on legislative privileges.
The Supreme Court held:
- Legislature can punish for contempt,
- But judicial review is allowed if legislative actions violate constitutional guarantees.
This case significantly balanced legislative privilege and judicial authority.
(5) Amarinder Singh v. Punjab Vidhan Sabha (2010)
The Supreme Court ruled that privileges cannot be used as a political weapon. Punishment for breach must relate to legislative functioning—not personal or political disputes.
Balancing Privileges with Fundamental Rights
Legislative privileges are not absolute. They must be consistent with:
- Fundamental Rights (Part III),
- Rule of Law, and
- Judicial Review (Article 32 and 226).
Where a conflict arises, courts ensure that privileges do not undermine constitutional democracy. The Basic Structure Doctrine further ensures that powers are not used arbitrarily.
Thus, privileges are a tool for efficient governance, not for political domination.
Mnemonic to Remember Legislative Privileges
“F-P-R-C-A” → “Free People Respect Constitutional Authority”
| Letter | Stands For | Privilege |
|---|---|---|
| F | Freedom of Speech | Unrestricted debate inside House |
| P | Protection from Court Action | No liability for statements/votes |
| R | Right to Regulate Proceedings | Legislature controls its internal matters |
| C | Contempt Power | Punish breach of privilege |
| A | Arrest Protection | No civil arrest during session |
About lawgnan
Understand the Privileges and Immunities of the Legislature—a vital safeguard for democratic governance in India. Learn how Articles 105 and 194 ensure freedom of speech, independence, and immunity for members of Parliament and State Legislatures. Explore key judgments such as M.S.M. Sharma v. Krishna Sinha, Keshav Singh Case, and Amarinder Singh Case, which define the limits and balance between legislative autonomy and judicial oversight. Deepen your understanding of how these privileges protect democracy while upholding constitutional values. Visit Lawgnan.in for simplified legal notes, case summaries, and mnemonics for law and UPSC preparation.
