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Article | IMSEAR | ID: sea-218862

ABSTRACT

The two Houses of Parliament, its committees, and their members are granted specific rights, immunities, and exemptions known as "parliamentary privileges." The Indian Constitution's Article 105 defines certain rights. Members of Parliament are protected by these privileges from civil liability for statements made or actions taken while performing their official duties, but not from criminal culpability. Only when a person is a member of the house can they make use of the privileges. The privileges are stated to be terminated as soon as the person ceases to be a member. The privilege matters only see the question of Parliament and Court relationship. It involves certain facets, that are who amongst the Court or the Legislature, decides whether a particular privilege claimed by a House exists or not? When a privilege is held to exist, is the House the final judge of how, in practice, that privilege is to be exercised? Can the Courts go into the privilege of validity or proprietary of committal by a House for its contempt or breach of privilege? Can the Courts interfere with the working of the Committee of Privileges? These are the areas that shall be dealt with in the following article to clarify the relation existing between the privileges provided to parliamentarians and the powers of the Courts.

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