Parliamentary and State Legislative Privileges in the Indian Constitution: A Comprehensive Analysis of Articles 105 and 194

Abstract

Legislators all over the world are entitled to parliamentary privileges, which can be defined as exceptional rights or advantages. Because of this, the legislatures and the members of those legislatures enjoy certain privileges in the majority of democratic countries so that they can function effectively. The concept of privilege, despite being a component of the law of the land, can be understood as an exemption from the general law to a certain extent. To say that privilege is on par with the prerogative of the Crown would not be an incorrect statement to make. Similarly, the House of Parliament can exercise privileges without the assistance or interference of the judges, just as the Crown can exercise prerogatives without any assistance or obstruction from Parliament or the judges. The future of India will, to a significant degree, be determined by the decisions that our legislators make regarding the country. There are lengthy debates and discussions on every conceivable subject that take place during the lengthy and exhausting process of lawmaking. The members of the organization, as well as the institution to which they belong, must be free to express their concerns and ideas without any restrictions or obstructions in order for this laborious task to be effectively enforced. Using a simple majority of the parliament, the provisions that pertain to the parliamentary privileges of the parliament (members and committees) can be amended. Additionally, the article discusses a wide range of violations that can occur with regard to these provisions. The purpose of this article is to provide readers with information regarding the meaning of the privileges as well as the constitutional aspects of those privileges. Its goal is to be informative in the stream of parliamentary privileges. A conclusion that discusses codification as the future of privileges is also included in the article. Additionally, the article covers the perspective of the judiciary through cases.