Supreme Court recently stayed the proceedings of the Lok Sabha Privilege committee against the Chief Secretary, Director General of Police and three other officials of the State of West Bengal
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What is the meaning of Parliamentary Privileges?
- Each House of Parliament and its Committees collectively and members of each House individually enjoy certain rights, privileges, and immunities without which they cannot perform their functions efficiently and effectively.
- The object of parliamentary privilege is to safeguard the freedom, authority and dignity of Parliament.
- They are enjoyed by individual members, because the House cannot perform its functions without unimpeded use of the services of its members and by each House collectively for the protection of its members and the vindication of its own authority and dignity.
- But they are available to individual members only insofar as they are necessary for the House to perform its functions freely without any let or hindrance.
- They do not exempt the members from the obligations to the society which apply to other citizens.
- When any of these rights and immunities, both of the members, individually, and of the assembly in its collective capacity, are disregarded or denied by any individual or authority, the offence is called a breach of privilege, and is punishable under the law of Parliament.
- Articles 105 and 194 of the Constitution deal with the powers, privileges, and immunities of Members of Parliament/State Legislatures, and their House, Members, and Committees.
- Each House also claims the right to punish actions which, while not breaches of any specific privilege, are offences against its authority or dignity, such as disobedience to its legitimate commands or libels upon itself, its officers, or its members. Such actions, though called ‘breaches of privilege’, are aptly distinguished as ‘contempts’.
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Published date : 23 Feb 2024 04:32PM