Parliament privileges:

Some privileges are given to member of parliament And state legislative council.
Idea of parliamentary privileges is taken from British parliament.
The Indian constitution specifies the power and privileges of parliament in article 105 and those
of state legislature in article 194, which specifies:
It provides freedom of speech in Parliament
Give immunity for all speeches and votes in Parliament from judicial scrutiny.
Allow Parliament (and State legislatures) to codify the privileges

Parliament privilege can be classified in two parts:

1. Those which are enjoyed by the members Individually
2. Those which belongs to house collectively
Collective privilege:
1. Right to publish debates and proceedings and the right to restrain publication by others.
2. Right to exclude strangers from its proceedings and can hold secret meeting .
3. Right to regulate internal affairs and to decide matters arising within its walls.
4. Right to publish Parliamentary misbehavior
5. Right to punish members and outsiders for breach of privilege.
6. The courts are prohibited to inquire into the proceedings of house and its committees
7. No person, member or outside, can be arrested and no legal process can be initiated in the
precincts of house without permission of presiding officer

Individual Privilege:
Freedom of speech but does not mean an unrestricted license of speech. For example, our
Constitution forbids discussion in Parliament on the conduct of judges except on motion for
their removal
Freedom from arrest and does not mean an unrestricted license of speech. For example, our
Constitution forbids discussion in Parliament on the conduct of judges except on motion for
their removal
Exemption from attendance as jurors and witnesses. It means a member cannot be summoned,
without the leave of the house, to give evidence as a witness while parliament is in session.

When any of these rights and immunities is disregarded or attacked, the offence is called a breach of
privilege and is punishable under the law of Parliament

Importance of privilege
It is important to protect the sanctity of the house
It provides freedom of speech in parliament subject to the other provisions of the constitution
and standing orders of the House.
Give immunity against all speeches and votes in parliament from judicial scrutiny.
Reporting of the house should be appropriate.
Sources of privileges :-
Constitution
Interpretation of speaker
Laws enacted by parliament
Rules of both the house
Parliament conventions
Judicial Interpretations

Parliament privileges and Freedom of speech:

Members have freedom of speech in the House and enjoy immunity from proceedings in any
court.
The freedom of speech of members in the House, in fact, is the essential pre-requisite for the
efficient discharge of their parliamentary duties, in the absence of which, they may not be able
to speak out their mind and express their views in the House without any fear.
The freedom of speech available to the members on the House is different from that of citizens
under Article 19(2). A law made under this article providing for reasonable restrictions on the
freedom of speech of the citizens would not circumscribe the freedom of speech of the
members within the walls of the House.
Absence of codification of privileges increases the conflict between privileges and freedom of
speech of citizens and press.
In search light case SC has accepted the superiority of privilege over Fundamental Rights but I
has suggested to adopt harmonious construction between the two.

Earlier cases of breach of privilege

There have been several such cases. In 1967, two people were held to be in contempt of Rajya
Sabha, for having thrown leaflets from the visitors gallery.
In 1983, one person was held in breach for shouting slogans and throwing chappals from the
visitors gallery
In 2008, an editor of an Urdu weekly referred to the deputy chairman of Rajya Sabha as a
coward attributing motives to a decision taken by him. The privileges committee held the
editor guilty of breach of privilege. The committee instead of recommending punishment stated
that, it would be better if the House saves its own dignity by not giving undue importance to
such irresponsible articles published with the sole intention of gaining cheap publicity.

Supreme court verdict. -:

misuse of privileges:-
There is very thin line between the parliamentary privileges and freedom of speech of reporter
it becomes very difficult to know when privileges has been broken.
 Wider scope of misuse because privileges are not codified there is ample scope of irrational
interpretations e.g. Karnataka assembly punishes reporter.

Way forward

It is better to restrict the privileges to proceedings of the house because any member who is
falsely accused of any impropriety can use the defamation route through courts.
Legislative must use power to punish breach of privileges sparingly, invoking mainly to protect
the independence of house and not to take away the liberty of critics.