Question: What Is Indian Parliamentary Privilege?

How far do the members of parliament enjoy the freedom of speech?

Freedom of Speech: According to the Indian Constitution, the members of Parliament enjoy freedom of speech and expression.

No member can be taken to task anywhere outside the four walls of the House (e.g.

court of law) or cannot be discriminated against for expressing his/her views in the House and its Committees..

Which article gives right to speak in both the Houses of Parliament to join other proceedings to be a member of any parliamentary committee but not to vote?

Article 72, Draft Constitution 1948 It granted the Ministers and the Attorney-General of India the rights to speak and take part in the Parliament.

What are the parliamentary privileges in India?

Main Privileges of Parliament (i) Freedom of speech in Parliament [Article 105(1) of the Constitution]; (ii) Immunity to a member from any proceedings in any court in respect of anything said or any vote given by him in Parliament or any Committees thereof [Article 105(2) of the Constitution];

What is a privilege motion in Indian Parliament?

A privileged motion is a motion that is granted precedence over ordinary business because it concerns matters of great importance or urgency. Such motions are not debatable, although in case of questions of privilege, the chair may feel the need to elicit relevant facts from members.

What is Article 105?

Article 105 in The Constitution Of India 1949. 105. Powers, privileges, etc of the Houses of Parliament and of the members and committees thereof. (1) Subject to the provisions of this constitution and the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.

Can President of India be prosecuted?

The President or the Governor is not answerable to any court for the exercise of the powers and duties of his office. … No criminal proceedings shall be conducted against the President or the Governor during his term of office.

Should parliamentary privilege be codified?

Threat of Parliamentary privileges being preferred over freedom of speech. Though codification is necessary to prevent arbitrary punishment in the name of breach, yet mere codification will not grant protection to free speech.

Does Attorney General have parliamentary privileges?

The Constitution has also extended the parliamentary privileges to those persons who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees. These include the attorney general of India and Union ministers.

What does parliamentary privilege mean?

The term ‘parliamentary privilege’ refers to two significant aspects of the law relating to Parliament: the privileges or immunities of the houses of the Parliament, and the powers of the houses to protect the integrity of their processes, particularly the power to punish contempts.

What is parliamentary privilege class 11?

Parliamentary privileges are special rights, immunities, exceptions enjoyed by the members of the two houses of parliament and their committees. … One is freedom of speech in Parliament and the right of publication of its proceedings.

What does privilege speech mean?

Privilege speech is a parliamentary privilege enjoyed by a Member of Congress provided for in Section 11, Article VI of the Constitution. It states as follows: … No Member shall be questioned nor be held liable in any other place for any speech or debate in Congress or in any committee thereof.

What is a proceeding in Parliament?

`(2) For the purposes of the provisions of article 9 of the Bill of Rights, 1688 as applying in relation to the Parliament, and for the purposes of this section, `proceedings in Parliament’ means all words spoken and acts done in the course of, or for purposes of or incidental to, the transacting of the business of a …