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Introduction
Under the constitutional law and in the arena of Indian Parliament, the expression privilege and
immunity signifies certain special or exceptional rights of Lok Sabha or Rajya Sabha or its
individual members which are generally accepted as necessary for the exercise of their
constitutional functions.
To be stated precisely, parliamentary privilege is the sum of peculiar rights enjoyed by each
House (the Lok Sabha or the Rajya Sabha) collectively as constituent part of Parliament, and by
members of each House individually without which it would be impossible for either House to
maintain its independence of action
The privileges attached to the Lok Sabha or the Rajya Sabha not because of any exacted position
of the members, but these are considered absolutely essential to regulate its own proceedings in a
disciplined, efficient and undisturbed manner and in order to indicate its authority and dignity.
Privileges may be classified into two groups:
1. Privileges that are enjoyed by the members individually and
2. Privileges that belong to each House (Lok Sabha or Rajya Sabha) of Parliament collectively.
We are to note that our Parliament has not yet codified its privileges. In fact, the privileges rest
on conventions and they may be ascertained by the practice and law that is in force In England
Freedom of speech,
Freedom from arrest and
Exemption from attendance as jurors and witnesses.
detained, the authority concerned should immediately inform the speaker or the Chairman
regarding the reasons for such arrest.
A member can be arrested outside the four walls of the House on criminal cases under the
Preventive Detention, ESMA, NSA, POTA or any other such Act.
Freedom of attendance as witnesses: The members of Parliament also enjoy freedom from
attendance as a witnesses.
Conclusion
Parliamentary privileges have become a complex problem, but these days it is being increasingly
realized that privileges are essential for elected representatives of the people and the members of
Parliament and such press as well as outside public must respect these in true sense and spirit.