Why in News?

The Supreme Court has observed that lawmakers cannot indulge in criminal acts on the Parliament or Assembly floors, and then take cover behind the right to free speech and parliamentary privilege.

About Parliamentary Privileges:

• These are certain rights and immunities enjoyed by MPs, both individually and collectively, so that they can effectively discharge their functions in the house.
• Article 105 of the Constitution explicitly mentions two privileges:
  • Freedom of speech in Parliament,
  • Right of publication of its proceedings.
• Apart from these, the Code of Civil Procedure, 1908, provides for:
  • Freedom from arrest and detention of MPs under civil process during the continuance of the meetings of the house or of its committees and forty days before its commencement and forty days after its conclusion.

Motion against breaches:

• When any of these rights and immunities are disregarded by members, the offence is referred to as breach of privilege and is punishable under act of Parliament.
• A motion by any member of either House against those being held guilty of breach of privilege is moved in the house.

Role of the Speaker(LS)/Chairperson (RS):

• He is the first level of scrutiny of a privilege motion.
• He can decide on the privilege motion himself or refer it to the privileges committee of Parliament.
• If he gives consent under relevant rules, the member concerned is given an opportunity to make a short statement in defence.

Applicability:

• The Constitution extends parliamentary privileges to those persons who are entitled to speak and take part in the proceedings of the house of the Parliament or any of its committees, including Attorney General of India.
• However, it does not extend to President who is also a part of the Parliament.
• Article 361 of the Constitution provides for explicit privileges for the President.