Showing posts with label parliamentary privilege. Show all posts
Showing posts with label parliamentary privilege. Show all posts

Thursday, November 1, 2007

Are the parliamentary privileges codified in India?

No law has so far been enacted by Parliament (and State Legislatures) in pursuance of clause (3) of articles 105/194 of the Constitution to define the powers, privileges and immunities available to each House and its members and the Committees thereof. In the absence of any such law, powers, privileges and immunities of the Houses of Parliament and State Legislatures, and of the members and the Committees thereof, shall be those of that House and of its members and Committees immediately before the coming into force of section 15 of the Constitution (Forty fourth Amendment) Act, 1978. The Constitution Forty Fourth Amendment) Act, 1978 removed the reference to the House of Commons which was there earlier in clause 3 of articles 105 and 194.

What are parliamentary privileges?

The term `parliamentary privilege' refers to certain rights and immunities enjoyed by each House of Parliament and Committees of each House collectively, and by members of each House individually, without which they cannot discharge their functions, efficiently and effectively. The object of parliamentary privileges is to safeguard the freedom, the authority and the dignity of Parliament. The powers, privileges and immunities of either House of Parliament and State Legislatures and of its Committees and members have been laid down in articles 105 and 194 of the Constitution. The House has the power to punish any person who commits a contempt of the House or a breach of any of its privileges.