suits against government, privileges and immunities against government

1. Presented by:
M.AMUDHA

2. INTRODUCTION
Privileges and immunities of government refer to special
rights and immunities which are necessary to protect
legislatures and members from undue interference and to
carry out effectively their functions of inquiring, debating
and legislating. It is otherwise called as ‘parliamentary
privileges’.
These privileges enable the legislature to discharge its
functions effectively, fearlessly and without any outside
interference.
Privileges and immunities of government refer to special
rights and immunities which are necessary to protect
legislatures and members from undue interference and to
carry out effectively their functions of inquiring, debating
and legislating. It is otherwise called as ‘parliamentary
privileges’.
These privileges enable the legislature to discharge its
functions effectively, fearlessly and without any outside
interference.

3. LEGAL PROVISIONS
Article 105
Article 194
Constitution
11
•Section 80 &
82
•Order 27 Rule
5A, 5B, 8A
•Order 27 A
CPC, 1908
22
Section 123
IEA, 1872
33
Article 112
Suit by / on
behalf of govt
– 30 days
Limitation Act
44

4. The language of Article 105 is "mutatis mutandis" the
same as that of Article 194 except that for the expression
"Parliament" in Article 105 the expression "legislature of a State" is
used in Article 194.
For the effective functioning of parliamentary democracy,
To enable the Members to express themselves freely in the House
without any fear or favour.
Discussion on the conduct of a Supreme Court Judge
or a High Court Judge
1.
CONSTITUTIONAL PRIVILEGES

5. No Member of Parliament shall be liable to any proceedings in
any court "in respect of" anything said or any vote given by him
in parliament or any committee thereof. [ARTICLE. 105(2)]
P.V. Narasimha Rao v. State (CBI/SPE), (1998) 4 SCC 626.
The alleged bribe-takers and bribe-givers have
committed breach of privilege and contempt of the
House (Lok Sabha); hence Parliament may proceed
against them for breach of privilege and contempt of
House.
2.
CONSTITUTIONAL PRIVILEGES

6. no person shall be liable in respect of the publication by or under
the authority of the House of Parliament of any report, paper,
votes or proceedings.
3.
CONSTITUTIONAL PRIVILEGES
EXCEPTIONS
Expressly ordered for non-publication by speaker shall
not be published.

8. PRIVILEGES UNDER CIVIL
PROCEDURE CODE

11. Order 27 CPC

12. Order 27-A CPC
SUITS INVOLVING SUBSTANTIAL QUESTION
OF LAW – CONSTITUTION / STATUTE

13. SECTION 82, CPC