Parliamentary Privileges - Past, Present and Prospects

1. Topic
Parliamentary
Privileges:
Past, Present &
Prospects
Aditya Kashyap
Roll No. 16183
Group No. 22
Submitted to
Dr. Lakhwinder
Asst. Professor of Law, RGNUL

2. THE STORY OF ORIGIN OF
PARLIAMENTARY PRIVILEGES
WHAT DO WE UNDERSTAND BY
“PARLIAMENTARY PRIVILEGE”?
Oxford Dictionary: a special right, advantage or immunity to a person.
Special rights, immunities and exemptions enjoyed by the two Houses
of Parliament, their Committees and their Members.
Sources of Privileges
Constitutional
provisions
Various laws
made by the
Parliament
Rules of Both
the Houses
Parliamentary
conventions
Judicial
interpretation
Privileges & the British Constitution
Parliamentary Supremacy
v.
Federalism & Rule of Law
Parliamentary Privileges : Past

3. Freedom from Arrest
Right to Exclude Strangers
Right to Prohibit the Publication of Proceedings
Right to Regulate Internal Proceedings
Right to Punish for the Contempt of House
Other Provisions
Constitutional Provisions
Parliamentary Privileges : Present
Scope:
To whom it extends and whom it excludes ?
Classification
Article 105
Article 194 (Is it mutatis mundis Art. 105?)
Collective Individual

4. Parliamentary Privileges : Prospects
Is it not too wide a power to be vested?
Gunupati Keshavram Reddi v. Nafisul Hasan
M.S.M. Sharma v. S.K. Sinha
Fundamental Rights v. Parliamentary Privileges
Parliament v. Judiciary – a unique unpreceded tussle : UP Assembly Case
What do the Courts say ? (The Doctrine of Pen, Ink and Indian Rubber Theory)
Balance b/w Fundamental Rights & Parliamentary Privilege

5. All power tends to corrupt and absolute power corrupts absolutely.
~ Lord Acton
Protection from arrest in civil cases
Legislator whether Public Servant Conundrum?
(Hardwari Lal; A R Antulay Cases)
Resistance to Codification of Privileges:
Is it not something fishy!!!
Lessons from the World:
United Kingdom
United States
Australia
40 days before the session,
During the session &
40 days after the session;
Even during meetings !!!
> 365 Days
Absurd interpretation of absurd privileges
(P V Narasimha Rao Case)