PARLIAMENTARY PRIVILEGES IN INDIA

Abstract

The origin of the parliamentary privileges is connected to the history of the parliament in England. The Executive was separated from the parliament and the House of Commons were thereby struggling hard to seek a place for itself. This was necessary to protect them from the interference of power of the King as well as the House of the Lords. Thus parliamentary privileges were established by 16th century. The origin of parliamentary privileges in India can be dated back to the Vedic age where there were two assemblies named Sabha and Samiti. The charter act of 1833 emphasised on legislative centralization. An expansion of the legislative council act of India was provided by 1853 charter act. The claim of privileges can be seen in demand of the legislative councillor under the charter act of 1853. Consequently, the power of legislative council was defined by Indian council act 1861. This act extended the privileges available to the members and to the members of the newly formed legislative council of state. In the Indian council Act 1892, the privileges were reiterated and extended which included debate, any motion passed by parliament etc. In the Government of India Act 1915, the entire position of parliament privileges were obtained and consolidated. In the Government of India act, 1919 they gave qualification to freedom of speech to members. Government of India act 1935 contained the provisions related to privileges of members of Indian legislature. The Indian Independence Act 1947 accorded sovereign legislative power on Indian domain. In the case of Raja Ram Patel v. Hon’ble speaker, Lok Sabha1 , the term privilege was defined as “a special right, advantage or benefit conferred on a particular person. It is a peculiar advantage or favour granted to one person as against another to do certain acts.”