India has a Parliamentary form of government, where the freedom of elected legislators to discuss and debate matters in the Parliament is an integral part of deliberative democracy. Parliament is a public institution where views and arguments can be expressed without any restrictions. A legislator has a fundamental right to the freedom of speech and expression, just like any other citizen. Additionally, the Constitution provides the freedom to speak and debate in the Parliament/legislative assembly to individual lawmakers.
What is the privilege about?
In terms of parliamentary language, the term ‘privilege’ is applicable to certain rights and immunities enjoyed by both the Parliament and its members. Parliamentary privilege protects the freedom and authority of the parliament. Since there is no particular law passed by the Parliament defining these privileges, the practice in India has been similar to the House of Commons in the United Kingdom, since the Constitution came into existence.
Legal framework
Article 105 (1) of the Constitution declares that there shall be freedom of speech in Parliament. As per Article 105(2) of the Indian Constitution, MPs cannot be prosecuted for anything said in the Parliament. Under Rule 380 of Lok Sabha Rules, the main action taken by the Speaker is that the specific words or phrases which are defamatory, indecent, unparliamentary or undignified get expunged from the proceedings.
What has the Supreme Court said?
In Alagaapuram R Mohanraj v. TN Legislative Assembly case, the top court has observed that Article 105 is available only during the tenure of a lawmaker’s membership and premises of a legislative body. In Sita Soren vs Union of India, the 5-judge Constitution bench of the Supreme Court held that, “An individual member of the legislature cannot assert a claim of privilege to seek immunity under Articles 105 and 194 from prosecution on a charge of bribery in connection with a vote or speech in the legislature.”
What is a breach of privilege or contempt?
Breach of Privilege happens when an action undermines the dignity or functioning of Parliament or any of its members. The Parliament has the power to decide as to what constitutes a breach of privilege. A person found guilty of breach of privilege can be punished by admonition (a formal warning) or he can be suspended from the Parliament.