Privilege, whenever we hear this term the first thing that comes to our mind is something that gives a special advantage or opportunity that gives great pleasure. Though privileges are provided for an individual’s pleasure, parliamentary privileges are somewhat different and beyond individual pleasure. Parliamentary privileges are guaranteed in the constitution of India with the motive of protecting the constitutional functionaries and ensuring smooth functioning of the legislature. The idea behind providing these privileges was to protect and avoid the undue interference in the functioning of the legislature. In the absence of these privileges, the hassle-free business of the parliament would have been a challenge and the ultimate sufferers would be the citizens.
Under the Indian constitution, these privileges are guaranteed under article 105. Subject to the other provisions of the constitution, the members are given freedom of speech in the parliament. The members of the parliament are immune to the statements made by them in the parliament. The members of the parliament cannot be held liable before the Court for anything said in the house. The objective behind providing the immunity is to guarantee the members of the house that they may freely express their thoughts in the house.
Though article 105 talks specifically about parliamentary privileges, the provision is non-exhaustive. There are other privileges available which are not mentioned under article 105. The members of the house have the authority to punish any person for its contempt. The members are also guaranteed freedom from arrest. The members cannot be arrested in civil proceedings during the session as well as before and after 40 days of the session. Furthermore, the members may refuse to appear as a witness before any Court during the session. If the house deems it appropriate, it may exclude outsiders and hold confidential sittings. This privilege aims to secure secrecy to the parliamentary proceedings where necessary. The house or any member also holds the authority to move privilege motion against any member of the house for violation of the rules of the house and discipline. The house is provided with ample authority to regulate its own affairs. This privilege gives the house the autonomy to work as it is not dependent on any other authority.
“With great power, comes great responsibilities”. The privileges provided in the constitution never intended to provide any unlimited authority to members of the house. Parliamentary privileges are an important part of the legislative process, as they help to ensure the independence and integrity of the legislative body and maintain the dignity and authority of the parliament as an institution. Though provided under the constitution as privileges, these privileges are not actually the privileges but the responsibilities entrusted upon the members of the parliament to ensure the sanctity of the parliament as the citizens are looking at them with a hope and expectation of responsible representation.