Privileges and Immunities

Powers, privileges and immunities of parliament and its members are conferred upon them by the constitution and as per rules of conduct governing the members in general. The privileges are rights and immunity are defense against lawsuits or prosecution.

What do you mean by Parliament?

In India, the parliament means Rajya sabha and Loksabha. 

The term parliament is used both in British constitutional practice as well as Indian constitutional law. The word “Parliament” is derived from French and Latin. 

The Parliament of India is made up of two Houses:  – Rajya Sabha(The Council of States) and Lok Sabha (House of the People). The President’s duties are mostly ceremonial as long as the constitution and the law is obeyed by him/her. 

Who are Parliament Members?

A member of parliament(MP) is a representative elected by the people to either house of the parliament. 

Privileges and Immunities of Parliament Members:

1) The Privileges of Parliament have been set out in the article 105 and 194. The privileges of parliament members are:

1. a) Freedom of speech and publication under parliamentary authority: This privilege is not only for the members of parliament but also for the members of the state legislatures and the local legislative bodies. The privilege is an important part of parliamentary sovereignty.
2. b) Freedom of speech given to the member of Parliament and to the member of legislature of a state. Any publication under parliamentary authority/legislature of a state or anything said of by the member of parliament/legislature of a state in the proceedings or any vote given by him they shall not be held liable for these.
3. c) Power to make rules-they have the power to make its own rules: but these rules are not set in the constitution. The rules are made by the parliament or legislative body of the state.
4. d) Internal Independency/Autonomy Has Freedom from being Arrested: i) Members of the parliament shall not be arrested in any criminal case without the permission from the house in which he/she is a member.
5. ii) No civil suit can be filed against them for anything said or any vote given by them in parliament or its committees.

iii) The court cannot summon them to render personal accounts, nor can issue any ad interim order against them. A member of parliament will not be charged with contempt till they are convicted. 

1. iv) They cannot be compelled to give evidence except on matters relating to their membership or conduct as an MP.
2. e) Also has the right to exclude the Strangers from its proceedings and hold secret sessions: The parliament has a right to exclude the stranger from its proceedings, it means the visitors and public cannot attend the proceedings of the parliament.
3. f) Has the right to prohibit the publication of its reports and proceedings: The parliament can prohibit the publication of its reports and proceedings in general.
4. g) Right to take part in the proceedings and debates of the house: The members of the parliament shall have a continuous right to take part in the proceeding and debate.
5. h) Has the right to regulate the internal proceedings: The parliament can regulate the process of their own proceeding.
6. i) Has the right to punish the members or outsiders for contempt or breach: The parliament can punish the members or outsiders for contempt or breach.

In general, the members of the parliament are not liable for criminal prosecution or civil liability.

2) The immunities of parliament members are:

1. a) A member can speak, debate and vote on all matters of public importance.
2. b) A member is free to express his views and can’t be attacked on basis of those views.
3. c) A member can’t be sued for something said in parliament.
4. d) No civil suit can be filed against him for anything said or any vote given by him in parliament or its committees.
5. e) The court cannot summon them to render personal accounts, nor can issue any ad interim order against them. A member of parliament will not be charged with contempt till they are convicted.

Misuse of Privileges and Immunities:

Rajya sabha is a constitutional body. Every member of the parliament has to obey the rules of conduct, that is all things that are in the constitution and the law have to be obeyed by every member. The privilege and immunity conferred on them by the constitution are part of their rights and protected from any hostile action by anybody. If anybody tries to misuse or misbehave with these privileges and immunities, his actions will be considered as an attack on the parliamentary sovereignty/security of india/people of India, one will not only lose their own rights but also future generation’s rights.

Conclusion:

In conclusion, it can be said that the constitution and the law give privilege and immunity to parliament members. These privileges and immunities are mainly to ensure that the members are free during debates in parliament. They are also given to ensure that the members can always express themselves freely and fearlessly. If any member misbehaves or misuse these privileges, they will be punished according to law.