Parliamentary Privileges
Immunities, Collective Rights & The Power to Punish
PART I — THE DUAL SHIELD
THE HOUSE AS A WHOLE
Collective Privileges
- Rights enjoyed by each House of Parliament collectively as an institution.
- Right to **exclude strangers** (public/media) from its proceedings to hold secret sessions.
- Right to **publish its reports**, debates, and proceedings, and prohibit others from publishing the same.
- Courts are prohibited from inquiring into the proceedings of a House or its committees.
THE INDIVIDUAL MP
Individual Privileges
- Rights enjoyed by members individually so they can discharge their duties without hindrance.
- **Freedom from Arrest:** A member cannot be arrested in **civil cases** 40 days before the session, during the session, and 40 days after the session. *(Note: This does not apply to criminal cases or preventive detention).*
- Exempted from jury service and attending court as a witness when Parliament is in session.
PART II — SPEECH & ENFORCEMENT
ARTICLE 105(2)
Freedom of Speech
- MPs enjoy freedom of speech in Parliament, overriding general laws of defamation.
- No member is liable to any proceedings in any court for **anything said or any vote given** by them in Parliament or its committees.
- *Constraint:* This freedom is subject to the provisions of the Constitution (e.g., they cannot discuss the conduct of Supreme Court/High Court judges except during an impeachment motion).
THE SWORD OF THE HOUSE
Breach & Contempt
- **Breach of Privilege:** When any individual or authority disregards or attacks any of the privileges, rights, or immunities.
- **Contempt of the House:** Any act or omission which obstructs the House, its members, or its officers in the performance of their functions.
- The House has the power to punish its own members as well as outsiders (via reprimand, admonition, or imprisonment) for breach of privilege or contempt.
INITIALIZE: WORLD O — THE SUPREME COURT