Articles 105 (for Parliament) and 194 (for State Assemblies) outline the powers, privileges, and immunities of the legislatures to protect their independent functioning.
1. Key Parliamentary Privileges
Privileges are divided into two categories:
- Individual Privileges:
- Freedom of Speech (Article 105(1)): Members have complete freedom of speech in the house, immune from any court action regarding anything said or voted in the chamber (Article 105(2)).
- Freedom from Arrest: Members cannot be arrested in civil cases during a session, and 40 days before and after (does not apply to criminal cases or preventive detention).
- Collective Privileges:
- Right to publish debates and proceedings, and exclude strangers from sessions.
- Right to regulate internal proceedings and punish members or outsiders for Breach of Privilege or Contempt of the House.
2. Privileges vs. Fundamental Rights Conflict
Does the power of the house to punish for contempt override the Fundamental Rights of citizens? This question triggered a major constitutional crisis:
A citizen (Keshav Singh) was jailed by the UP Assembly for contempt. A High Court judge granted him bail, prompting the Assembly to issue warrants against the judge. A historic presidential reference was made. The Supreme Court held that legislative privileges are strictly subject to Fundamental Rights, especially Articles 20, 21, and 22. The Court ruled that citizens retain the right to approach High Courts under Article 226 to challenge arbitrary privilege detentions, and judges cannot be prosecuted for hearing such cases.