The Privilege Of Legislature – Notes

privilege-of-legislature

 

The constitution provision regarding the privilege of legislature and parliament are identical. article 105 and 194 provides for privilege of the legislature in India. Article 105 deals with parliamentary privilege whereas article 194 deals with legislature privilege which can wear certain rights in each House of Parliament or a state legislature collectively and also two members individually. This privilege of legislature is necessary to maintain dignity democracy and independence in the discharge of the democratic duties as a representative of the sovereign peoples.



The constitutional expressly mention privileging:

  • Freedom of speech in the Legislature.
  • Light of the publication of its proceeding.

Article 105 to 194 has the same provision for the members of the state legislature. Village of the members of parliament may be enumerated as under:

  1. Freedom to speak in the house and its committees.
  2. Immunities from any proceeding in any court in respect of anything sets for a vote given by them in the house or its committees.
  3. Immunity from proceeding in any court in respect of the publication by or under the authority of the house of any report paper notes or processing.
  4. Prohibition on the court to inquire into the proceeding of Parliament and its committees.
  5. Freedom from arrest in civil cases during the continents of the session of the house and 40 days before the after its conclusion.
  6. Exemption from liability to serve as juniors.
  7. Rights of the house to receive immediate information of the arrest station convenience imprisonment and release of a member.
  8. Prohibition of publishing any evidence or statements relating to the report and proceeding of a committee before its tabling in the house.



Freedom of speech and discussion

Article 105 (1) and 194(1)
It’s given absolute immunity from the court for anything cells within the four walls of the Lighthouse during the course of proceeding of the house or its communities so what is protected is the speech within the house. It is the end sure of Parliament system of government that represented tips of the people should be free to express themselves without for fear of legal consequence. But this freedom is not absolute but subjective to the provision of the constitution and the rules and the standing orders regulate the proceeding of the Parliament article 121 and 22 11 impose restrictions on these freedoms. These articles probation any decision in the Parliament as well as in the state legislature in respect of the conduct and any judge of the supreme court or High Court in the discharge of his duty except in the case of a motion to be presented to the president for his removal before the house.
Freedom of speech is not subject to article 19. The freedom of speech is also subject to the rules of the procedure of a house-made under article 203. Under rules 349 to 356 of the Lok Sabha use of unparliamentary language or unparliamentary conduct of members is prohibited. 203 Article under Indian Constitution- Procedure in Legislature with respect to estimates

  1. The estimates that relate to expenditure gets charged upon the Consolidated Fund of a State that shall not be submitted to the vote of the assembly, but nothing in this clause shall be interpreted as preventing the discussion in the Legislature of any of those estimates.
  2. The estimates that relate to alternative expenditure shall be submitted within the kind of demands for grants to the assembly, and the Legislative Assembly shall have the power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein.
  3. No demand for a grant shall be created except on the advice of the Governor.



Freedom of publication of its Proceeding

Article 105 (2), 194(2) and 361 A
Its provides that no person shall be liable in respect of the publication by or under the authority of either House of Parliament or state legislature for any report paper vote for proceeding. This privileges given with the view of permanent public and national importance that Parliament proceedings should be communicated to the public which had the depends on interest in knowing what passes in Parliament it was with this object that the parliamentary proceedings protection of Publication Act 1956 was enacted act provides that no person shall be liable to any proceeding civil or criminal in any court in respect of the publication has been made with clean of a substance Li true report of the proceeding of any House of Parliament unless it is a provides that the publication has been made with the Mac clean. Article 105 (2) Under Indian Constitution- 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, and no person shall be liable in respect of the publication by or under the authority of either in the House of Parliament of any paper, report, votes or proceedings. Article 194(2)Under Indian Constitution- No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him within the lawmakers or any committee thence, and no person shall be so liable in respect of the publication by or under the authority of a House of such a lawmakers of any report, paper, votes or proceedings.



Article 361 –A (44 Constitutional Amendment Act 1978) provides that no person shall be liable to any proceedings it provides that no person shall be liable to any civil or criminal proceeding in any court in respect of the publication in a newspaper of a substance mainly through report to the proceeding of the either House of Parliament or of a state legislature unless the publication is provided to have been made with clean this immunity will also applied to both broadcast by means of wireless this is a however not apply to the publication of any report of a sitting of house. Article 361 Under Indian Constitution- Protection of President and Governors and Rajpramukhs.

  1. The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him within the exercise and performance of these powers and duties: given that the conduct of the President may be brought beneath review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under Article 61: Provided further that nothing during this clause shall be construed as limiting the correct of anyone to bring acceptable proceedings against the Governor of Bharat or the govt of a State.
  2. No criminal proceedings some shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office.
  3. No method for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office
  4. Any civil proceedings within which relief is claimed against the President, or the Governor of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capability, whether before or after he entered upon his office as President, or as Governor of such State, till the expiration of 2 months next when notice in writing has been delivered to the President or Governor, because the case could also be, or left at his office stating the nature of the proceedings, the cause of action, therefore, the name, description, and place of residence of the party by whom such proceedings are to be instituted and the relief which he claims



Freedom from arrest

A member of parliament cannot be arrested or imprisonment on a civil proceeding within a period of 40 days before the 40 days after the session of parliament. If a member is arrested within these periods hi solve be released so that he might be free to attend Parliament this privilege is available against civil arrest and does not enact to arrest or implement on a criminal charge for contempt of court or to prevention detention. K. Anandan Nambiar vs chief secretary government of Madras 1966, it was held that a member of Legislature does not enjoy any special status in respect of valid order of detention. Right to exclude stranger from its processing and holds a secret session. This right has been used by the House of Parliament to go into secret session to discuss some important matters. Right to prohibit publication of proceedings. The House of Parliament has the power to provide the publication of processing. In M.S.M. Sharma vs SK Sinha 1959 popularly known as Search Light case, the court held that the publication of explaining protects the speech constitution of the each of the privilege of the house.

Right to regulate internal proceeding The house has a right to regulate its own internal processing and to adjective upon such matters. Right to punish for contempt of the house, it is the right of the house of Legislature to punish its members or non members for the content or breach of privilege of the house a member suspended explained from the house or maybe sentenced to jail the effect of exclusion of a members from the house it is that his seat becomes vacant explosion, however, does not disqualify him from contending election for the same house.

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