An Analytical Study of Parliamentary Privileges in India with Light On Judicial Review

Abstract

The concept of parliamentary privileges refers to the legal protections that are afforded to certain members of a nation's parliamentary body. These rights grant immunity from civil and criminal crimes. These activities include words and actions taken by these lawmakers while performing legislative obligations. Article 105 of the Constitution of India provides a definition for them as well. The functions, rights, and immunities of the Houses of Parliament in India are laid out in detail in Article 105 of the Indian Constitution. This Article protects parliamentarian’s free speech. It also offers these members protection from legal actions for everything they say or vote on in Parliament or its committees. Can courts evaluate these privileges? This Article introduces the complicated concept of parliamentary privilege with a light on Judicial Review. It analyses the nature and origins of parliamentary privilege, some of the debates and tensions that have surrounding it, and how privilege is perceived and expressed in India via major texts. The law should periodically clarify these authorities, privileges, and immunities so that everyone is on the same page. These rights are regarded as exceptional provisions, and as such, they take precedence over other considerations in the event of a disagreement. The Article thus also covers in detail, the need for codification of these privileges and few important cases attached hereto