PRIVILEDGES

PRIVILEDGES 

Introduction

1. special rights available to few
2. given to parliamentarians and Member of Legislatures
1. to perform responsibility without fear
3. represent the dignity of house
1. can punish a person for breach of privilege
4. most universally available privilege is freedom of speech and expression
1. Filibustering; senator can speak for unexpended time
5. art 105 and 194 in India
1. freedom of speech and expression
2. exemption from liability from anything said 
1. eg- no defamation for what is said inside house
6. art 122 prohibits judiciary from interfering in the proceeding of house
7. constitution leave it on parliament to define privileges
1. found in British house of commons will be available till not codified
8. available to MPs as individual, house, committee and its members collectively
9. need of codification
1. Rajendra prasad emphasised on the need to codify it
2. Lord Cairns; most important privilege of the parliamentarians is not to codify it
3. creates uncertainty over the freedom of speech or people especially media
1. journalists have been criticised for breaching privilege
4. freedom of press required to prevent democracy
5. problem of judiciary since has to protect fundamental rights and to respect the provision of constitution
10. privileges vs FR
1. whenever contradiction, judiciary goes for harmonious construction
2. 1st Searchlight Case: MSM Sharma vs SK Sinha case 1959
1. judiciary upheld privileges over FR
3. 2nd: Keshav Singh case
1. art 21 have primacy, art 19 doesn't
4. 3rd: Raja Rampal vs LS Speaker 2007
1. art 20 and 21 have primacy but not 19
2. interest of democracy to codify privilege
3. achieve balance between FR and privilege
4. restore dignity of house 
5. in Britain parliament is supreme, in India constitution is supreme
6. MPs can't claim more power than people
7. in US, no system of punishment
5. Recently Aus has codified privileges
11. Britain
1. introduced with purpose
2. tussle between king and parliament
3. privilege to speak against king
4. no person can be arrested from premises of house without the permission of speaker
5. last person to be imprisoned was Charles Brad Laugh in 1880.