State the relation between the Fundamental Rights and the legislative privileges. Why is there a demand that the legal provisions for the protection of privileges of legislators and legislature be codified?

By Srirangam Sriram, Sriram's IAS, New Delhi.

Parliamentary privileges are special rights enjoyed by legislators so as to function independently and without fear or favour. They are found in Constitution (Art.105), parliamentary Acts and some are conventions. For example, Freedom of speech; (members speaking in the House are not liable for being questioned in courts); Freedom from arrest in civil matters; Right of the House to regulate its own internal proceedings, Right to punish members and "strangers" for breach of privilege and contempt.

Anyone breaching the privileges, for example, journalists can be punished by the legislature. But the journalists go to the High Court or the Supreme Court under Art.226 or 32 for violation of their Art.19 or Art.21- freedom of speech and right to life and liberty.

Art.21 allows violation of right to life only when the procedure established by law is followed. But there is no robust procedure laid down in law for the protection of privileges. Therefore, courts set free the journalists who are imprisoned.

There is a demand that privileges and immunities be codified so that their relation to the fundamental rights can be clearly defined.

Published date : 13 Nov 2020 01:14PM