Members of Parliament must be able to speak freely and do their work without fear. For this, the Constitution gives them some special rights and immunities called parliamentary privileges. These belong to each House as a body and to its members. Exams ask about the Articles, the kinds of privileges, the privilege committee and a recent Supreme Court ruling. This post explains them in simple words. It ends with 15 previous year questions.
Key Points (Quick Revision)
- Article 105 deals with privileges of Parliament; Article 194 with those of State Legislatures.
- Privileges are of two kinds - collective (of the House) and individual (of members).
- Members have freedom of speech in the House and cannot be sued for what they say there.
- Members cannot be arrested in civil cases during a session and 40 days before and after it.
- In 2024, the Supreme Court held that legislators have no immunity for taking bribes to vote or speak.
1. What are parliamentary privileges?
Parliamentary privileges are special rights, immunities and exemptions given to each House of Parliament, its committees and its members, so that they can work freely and effectively. Without them, members could be pressured through lawsuits or arrests.
These privileges also extend to people who are entitled to speak in the House, such as ministers and the Attorney General. They do not extend to the President, even though the President is a part of Parliament.
2. Source of privileges
- Article 105 - powers, privileges and immunities of the Houses of Parliament and their members.
- Article 194 - the same for State Legislatures.
- Parliament has not made a full law listing all privileges. Apart from those in the Constitution, privileges are drawn from laws, rules of each House, conventions and court rulings.
- The 44th Amendment (1978) removed the old reference to the British House of Commons and kept privileges as they stood on that date.
3. Collective privileges (of the House)
- Right to publish its reports, debates and proceedings, and to stop others from publishing them.
- Right to exclude strangers and hold secret sittings.
- Right to make rules for its procedure and conduct of business.
- Right to punish members and outsiders for breach of privilege or contempt of the House.
- Right to receive immediate information of the arrest, detention or release of a member.
- No arrest or legal process within the precincts of the House without the presiding officer's permission.
- Courts cannot inquire into the proceedings of the House (Article 122).
4. Individual privileges (of members)
- Freedom of speech in Parliament - no court case for anything said or any vote given in the House or its committees.
- Freedom from arrest in civil cases during the session and 40 days before and after it. This does not cover criminal cases or preventive detention.
- Exemption from jury service.
- Can refuse to appear as a witness in court while Parliament is in session.
Freedom of speech in the House is subject to the Constitution and the rules of the House - for example, members cannot discuss the conduct of judges except in a removal motion.
5. Breach of privilege and contempt
When a person or a member disregards these rights, it is a breach of privilege. Any act that obstructs the House or lowers its dignity is contempt of the House.
- A member can raise a privilege motion, for example when a minister is said to have given wrong facts to the House.
- The presiding officer may refer it to the Committee of Privileges.
- The House can reprimand, admonish, suspend a member, or even imprison an offender for the rest of the session.
6. Committee of Privileges
| House | Members | Nominated by |
|---|---|---|
| Lok Sabha | 15 | Speaker |
| Rajya Sabha | 10 | Chairman |
The committee examines cases of breach of privilege and recommends action to the House.
7. The 2024 Supreme Court ruling
In March 2024, a seven-judge bench of the Supreme Court held that legislators who take bribes to vote or speak in the House are not protected by parliamentary privilege. This overruled the 1998 P.V. Narasimha Rao judgment, which had given such immunity.
The Court said that bribery is not linked to the freedom of speech or vote, and that privileges exist to help the House work, not to protect crime.
8. Previous year questions
- Which Article deals with privileges of Parliament? – Article 105
- Which Article deals with privileges of State Legislatures? – Article 194
- Do parliamentary privileges extend to the President? – No
- Do privileges extend to the Attorney General? – Yes
- Freedom from arrest of members applies to which cases? – Civil cases only
- For how many days before and after a session are members free from civil arrest? – 40 days
- Which Article bars courts from inquiring into proceedings of Parliament? – Article 122
- Which amendment removed the reference to the British House of Commons? – 44th Amendment, 1978
- How many members are in the Lok Sabha Committee of Privileges? – 15
- Who nominates the Lok Sabha Committee of Privileges? – The Speaker
- How many members are in the Rajya Sabha Committee of Privileges? – 10
- Who nominates the Rajya Sabha Committee of Privileges? – The Chairman
- In which year did the Supreme Court remove immunity for bribery by legislators? – 2024
- Which 1998 case did the 2024 judgment overrule? – P.V. Narasimha Rao case
- Is there a complete law listing all parliamentary privileges? – No
9. How to revise this topic
Start with the Articles: 105 for Parliament, 194 for State Legislatures, 122 courts cannot inquire into proceedings.
Next, split privileges into collective (publish, secret sitting, rules, punish, information of arrest) and individual (free speech, no civil arrest 40 days, no jury service).
Then learn who is covered: members, ministers and the Attorney General - but not the President.
Finally, remember the committees and cases: Lok Sabha 15 members (Speaker), Rajya Sabha 10 (Chairman); 2024 ruling overruling the 1998 P.V. Narasimha Rao judgment.
10. Frequently Asked Questions
What are parliamentary privileges?
They are special rights, immunities and exemptions given to the Houses of Parliament, their committees and members, so that they can work freely without fear of lawsuits or arrest.
Which Articles deal with parliamentary privileges?
Article 105 deals with privileges of Parliament and its members, and Article 194 with those of State Legislatures.
Can an MP be arrested?
An MP cannot be arrested in a civil case during the session or within 40 days before and after it. This protection does not apply to criminal cases or preventive detention.
Do MPs have immunity for taking bribes?
No. In 2024, a seven-judge bench of the Supreme Court held that legislators who take bribes to vote or speak are not protected by parliamentary privilege.
What is a breach of privilege?
It is an act that disregards the rights of the House or its members, such as giving false information to the House. The House can punish it after inquiry by its Committee of Privileges.
For more Polity topics in simple language, see our Parliamentary Devices, Parliament - Lok Sabha and Rajya Sabha and Speaker of the Lok Sabha posts, or browse the Polity section. Preparing for a civil services exam? Start with the UPSC Civil Services guide or join the 100 Hour GS Course.