The privileges enjoyed by the members of the Indian Parliament are derived from various sources, including the Constitution of India, parliamentary conventions, and established practices.
- Constitution of India:
- Article 105 (1): This article of the Indian Constitution confers certain privileges on Members of Parliament by stating that they shall have the right to freedom of speech in Parliament. It also provides immunity to members for their speeches and votes in Parliament.
- Article 105 (2): Grants freedom from arrest to members during their attendance in Parliament sessions and a certain period before and after these sessions.
- Parliamentary Conventions:
- Historical Practices: Many parliamentary privileges have evolved over time based on historical practices and conventions followed by the British Parliament, which form the basis of the Indian parliamentary system.
- Customs and Traditions: The Indian Parliament often relies on established customs and traditions that have been followed over the years to determine the extent of parliamentary privileges.
- Rules of Procedure and Conduct of Business in Lok Sabha and Rajya Sabha:
- Lok Sabha Rules: Rule 222 and subsequent rules in the Rules of Procedure and Conduct of Business in Lok Sabha outline various privileges, immunities, and powers of the House and its members.
- Rajya Sabha Rules: Similar provisions are outlined in the Rules of Procedure and Conduct of Business in Rajya Sabha, particularly in Rules 187 and onward.
- Committee of Privileges:
- Establishment: Both Houses of Parliament have a Committee of Privileges, which is responsible for examining matters of breach of privileges and contempt of the house.
- Role: The committee investigates and reports on questions of privilege referred to it by the Houses and examines breaches of parliamentary privileges.
- Legal Precedents:
- Judicial Interpretation: The courts, through their decisions and judgments, contribute to the understanding and interpretation of parliamentary privileges.
- Case Law: Legal precedents establish the application and limits of parliamentary privileges based on specific cases brought before the judiciary.
- Precedents from Other Commonwealth Countries:
- Commonwealth Practices: India, as a member of the Commonwealth, often looks to the practices and precedents of other Commonwealth countries in matters related to parliamentary privileges.
- Shared Heritage: The British parliamentary system and the shared legal heritage with other Commonwealth nations influence the understanding of privileges in the Indian context.
- Statutory Provisions:
- Specific Laws: Some statutes may contain provisions related to parliamentary privileges or the protection of MPs in the discharge of their duties.
- Exemptions from Certain Civic Duties: For example, exemptions from jury duty for Members of Parliament are granted through statutory provisions.
- Decisions of the Speaker:
- Speaker’s Rulings: The Speaker of the Lok Sabha and the Chairman of the Rajya Sabha play a crucial role in interpreting and applying parliamentary privileges.
- Speaker’s Decisions: Rulings and decisions made by the Speaker on questions of privilege contribute to the understanding of the scope and application of privileges.
Overall, the sources of privileges in the Indian Parliament are multifaceted, encompassing constitutional provisions, parliamentary rules, conventions, committee reports, legal precedents, and the decisions of the presiding officers. The collective body of these sources forms the foundation for the privileges and immunities enjoyed by Members of Parliament in the course of their duties.
