PARLIAMENTARY PRIVILEGES (. (factors that limit the sovereignty of Indian…
special rights, immunities and exemptions - two Houses of Parliament, their committees and their members.
:check:include the attorney general of India and Union ministers.
Sources of Privileges
:check: Constitutional provisions
:check: Various laws made by Parliament
:check: Rules of both the Houses
:check: Parliamentary conventions
:check: Judicial interpretations.
Without these privileges
the Houses can neither maintain their authority, dignity and honour nor can protect their members
:check:belonging to each House of
:check: the right to publish its reports, debates and proceedings
:check:the right to prohibit others from publishing
:check: The 44th Amendment Act of 1978-to publish true reports of parliamentary -without prior permission of the House.
:check:can exclude strangers from its proceedings
:check:hold secret sittings to discuss some important matters.
:check:can make rules to regulate its own procedure
:check: the conduct of its business
:check:can punish members as well as outsiders for breach of its privileges.
:check: the right to receive immediate information of the arrest, detention, conviction, imprisonment and release of a member.
:check:can institute inquiries and order the attendance of witnesses and send for relevant papers and records.
:check:The courts are prohibited to inquire into the proceedings of a House or its committees.
:check:No person (either a member or outsider) can be arrested, and no legal process (civil or criminal) can be served-without the permission of the presiding officer.
The privileges belonging to the members individually
:check: cannot be arrested during the session of Parliament
:check:40 days before the beginning and 40 days after the end of a session.
:check:privilege is available only in civil cases
:check:not in criminal cases or preventive detention cases.
:check:They have freedom of speech in Parliament.
:check:No member is liable to any proceedings in any court for anything said or any vote given by him in Parliament or its committees.
:check:They are exempted from jury service.
:check:can refuse to give evidence and appear as a witness in a case pending in a court when Parliament is in session.
:check: ‘sovereignty of Parliament’ is associated with the British Parliament
:check:sovereignty means the supreme power within the State
:check:the sovereignty of Parliament (parliamentary supremacy) is a cardinal feature of the British constitutional system
According to AV Dicey, the British jurist
:check: Parliament can make, amend, substitute or repeal any law
:check:The Indian Parliament is not a sovereign body
:check: the British Parliament is a sovereign body.
:check: the authority and jurisdiction of the Indian :check:Parliament are defined, limited and restrained.
:check:In this regard, the Indian Parliament is similar to the :check:American Legislature (known as Congress).
:check: In USA also, the sovereignty of Congress is legally restricted by the written character of the Constitution
:check: the federal system of government, the system of judicial review and the Bill of Rights.