Open Access Research Article
PARLIAMENTARY PRIVILEGE AND FREEDOM OF SPEECH: CONSTITUTIONAL LIMITS AND JUDICIAL INTERVENTION
Abstract
ABSTRACT
Parliamentary privilege is an important part of the constitutional
framework of a democratic legislature. It provides certain rights, powers, and
immunities to members of Parliament and legislative Houses so that they can
perform their functions independently and without unnecessary interference. In
India, parliamentary privileges are mainly governed by Articles 105 and 194 of
the Constitution. These provisions protect legislative freedom of speech and
provide immunity in relation to parliamentary proceedings. At the same time,
the exercise of these privileges must operate within the limits of the
Constitution.
This article examines the meaning, nature, historical development, and
constitutional basis of parliamentary privileges in India. It traces their
origins to the British parliamentary system and examines their development
during the colonial period and after the adoption of the Constitution. The
article also discusses individual and collective privileges, including freedom
of speech, protection from arrest in civil matters, control over publication of
proceedings, the power to punish for breach of privilege, and the power to
regulate internal proceedings.
Particular attention is given to the relationship between parliamentary
privilege, freedom of speech, freedom of the press, fundamental rights, and
judicial review. Important judicial decisions, including Tej Kiran Jain v. N.
Sanjiva Reddy, M.S.M. Sharma v. Sri Krishna Sinha, in re Keshav Singh, Raja Ram
Pal v. Hon’ble Speaker, Lok Sabha, and Sita Soren v. Union of India, are
examined to understand the constitutional limits of parliamentary privilege.
The article also provides a comparative overview of parliamentary privilege in
the United Kingdom, Australia, and Canada.
Published Paper
Author Details
Authors: SHARIKA K SRegistration ID: 1013263 | Published Paper ID: IJLRA13263Year: Oct-2026 | Volume: 3 | Issue: 7Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 208-220
Article Information
PARLIAMENTARY PRIVILEGE AND FREEDOM OF SPEECH: CONSTITUTIONAL LIMITS AND JUDICIAL INTERVENTION
Authors: SHARIKA K S
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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