PARLIAMENTARY PRIVILEGES

Nishanth

Parliamentary privileges are such privileges that can be enjoyed by the members of the parliament of India. These parliamentary privileges are covered under Article 105 (for central) and Article 194 (for state),

• Subject to the provisions of this Constitution and to the rules and standing orders controlling the procedure of Parliament, there might be freedom of speech in Parliament.

• No Member of Parliament shall be liable to any procedures in any court in regard of anything said or any vote given by him in Parliament or any committee thereof, and no individual shall be so liable in regard of the publication by or under the authority of either House of Parliament of any report, paper, votes or procedures.

Important points:

• Article 121 of the Indian constitution there should be no discussion regarding the conduct of the Supreme court or the High court of India.

• At the same time, the Supreme court cannot interfere in the conduct of parliament, and the parliament cannot interfere in the conduct of the Supreme court.

Case law:

• P.V. Narasimha Rao Vs. State:

The facts included within the Constitution Bench decision in P.V. Narasimha Rao v. State (JMM bribery case) is that in the 1991 election to the Lok Sabha, Congress (I) Party remained fourteen members short of the majority and it formed a minority Government with P.V. Narasimha Rao as the Prime Minister .Due to the shortage, the government was subjected to face a no - confidence motion. However, the government managed to get support from 265 members as against 251. Later, Mr. Ravinder Kumar filed an FIR with the CBI alleging that Mr.P.V. Narasimha Rao bribed certain members belonging to Jharkhand Mukti Morcha and Janata Dal.

The members decided to file a case as a criminal offense in the Supreme court, but the court said that the supreme court cannot interfere in the discussion of parliament.

It was held that, despite considering members of the parliament as “public servants” within the meaning of section 2(c) of Prevention of the corruption Act,1988 they are immune from prosecution under Article 105.