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Legislative privileges versus free speech before the Supreme Court
వార్తల్లో ఎందుకు?
No single Act defines them: Articles 105 and 194 and the privilege-versus-speech question for GS2 Polity
Supreme Court weighs legislative privilege against free speech.
Why it matters: asked in UPSC 2018
What you need to know
2 నిమి
The Supreme Court is examining where the privileges of legislatures end and citizens' freedom of speech begins.
Article 105 protects what members say in Parliament, and Article 194 gives State legislatures similar protection.
Parliament and the State legislatures have never codified their privileges in a single Act.
మూలాలు: Topper IAS editorial (PIB / The Hindu / Indian Express)
ముఖ్య వాస్తవాలు
Remember these
- Article 105 protects what Members of Parliament say and vote in Parliament, and Article 194 gives State legislatures similar protection.
- Article 105(2): no MP is liable to any court proceedings for anything said or any vote given in Parliament.
- Parliament and State legislatures have never codified their privileges in a single Act.
- The Supreme Court is examining where legislative privilege ends and citizens' freedom of speech under Article 19(1)(a) begins.
- Article 105(3) says privileges not yet defined by law are those of the House of Commons at the commencement of the Constitution, as retained by the 44th Amendment.
ప్రిలిమ్స్ · మెయిన్స్
How the exam will ask it
ప్రిలిమ్స్
- Article 105 deals with the powers, privileges and immunities of Parliament and its members, while Article 194 deals with those of State legislatures and their members.
- The privileges of Parliament and State legislatures have not been codified in a single Act of Parliament.
- Article 105(2) grants a Member of Parliament immunity from court proceedings for anything said or any vote given in Parliament or its committees.
మెయిన్స్
GS2 Polity: the issue is the clash between legislative privilege and citizens' freedom of speech. Articles 105 and 194 protect proceedings inside the House, but privileges remain uncodified and open to wide interpretation. A way forward is codifying privileges by law, with Article 19(1)(a) and the Constitution's fundamental rights as clear limits.
PYQ connection
A question UPSC has already asked on this
Consider the following statements:
- 'Right to Privacy' is protected under Article 21 of the Constitution
- In digital economy, privacy of an individual is subject to a reasonable restriction that can be imposed by the state
- The Parliament is empowered to make laws for implementing directive principles of state policy
Which of the statements given above is/are correct?
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
సమాధానం చూడండి
సమాధానం: D
Why this matters: today's issue is directly connected to a concept UPSC has already tested. Read the story with this question in mind.
Practise this PYQ →Quick recall
Answer before you reveal
With reference to the privileges of legislatures in India, consider the following statements:
- Article 105 provides that no Member of Parliament is liable to any court proceedings for anything said or any vote given in Parliament.
- The privileges of Parliament and its members have been fully codified in a single Act of Parliament.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
సమాధానం చూడండి
సమాధానం: A — Correct: 1 only — Statement 1 is correct under Article 105(2), while statement 2 is wrong because privileges have never been codified in one Act. • 2 only — wrong: Statement 2 is wrong because Parliament's privileges remain uncodified, and statement 1 is also correct, so "2 only" fails. • Both 1 and 2 — wrong: Statement 2 is wrong because no single Act codifies the privileges of Parliament and its members, so "both" fails. • Neither 1 nor 2 — wrong: Statement 1 is correct because Article 105(2) grants the immunity for speech and votes in Parliament, so "neither" fails.
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