- Rajya Sabha Chairman M. Venkaiah Naidu said has recently held that members have a wrong notion that they have a privilege from action by investigating agencies, while the session is on.
- This immunity is available to the members only in the civil cases but not in the criminal proceedings.
About the privileges:
It can be classified into two categories:
Collective Privileges –
- Right to publish its reports, debates and proceedings and also the right to prohibit others from publishing the same
- It can exclude strangers from its proceedings and can have secret sittings
- It can make rules to regulate its own procedure and the conduct of its business and to adjudicate upon such matters.
- The parliament has the power to punish its members as well as outsiders for breach of its privileges or its contempt.
- The parliament has the right to receive information of the arrest, detention, conviction and release of its member
- The courts are prohibited to inquire into the proceedings of a house or its committees.
- No person either a member or outsider can be arrested and no legal process (civil or criminal) can be served within the precints of the house without the permission of the presiding officer.
Individual Privileges –
- The members cannot be arrested during the session of the parliament and 40 days before the beginning and 40 days after the end of a session.
- This privilege is only available in civil cases and not in criminal cases or preventive detention cases.
- The members have the immunity from any court for anything said or any vote given in the Parliament or its committees.
- They are exempted from jury service, they have the right to refuse to give evidence and appear as a witness in any case pending in a court when Parliament is in session.
Source The Hindu
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