Privileges of parliament

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Lesson 15 : Press Laws

Privileges of parliament

The concept of privileges of Parliament rests on the principle that a sovereign legislature should be able to perform its legislative and deliberative functions independently and effectively. For this it should possess certain inherent or conferred powers to punish for breach of such privileges.

Articles 105 (3) and 194 (3) of the Constitution empower Parliament and State Legislatures respectively to enact laws codifying their privileges. However, neither Parliament nor any of the legislatures of the States has so far done so. Therefore, according to the Constitution itself, the privileges enjoyed by them are the same as, and not more than, those of the British House of Commons. One has to wade through the rulings, customs and practices of the House of Commons and to seek guidance for the Rules of Business and Conduct of Proceedings of the House. Breach of privilege of either House of central or state legislature is usually known as 'contempt of Parliament' like the contempt of courts.

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