1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
PARLIAMENTARY PRIVILEGE
IN INDIA
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
Lakshminarayanan Alaguraja
Advocate
Altacit Global
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

2. Parliamentary Privilege
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
According to Sir Thomas Erskine May,
Parliamentary privilege is the sum of the
peculiar rights enjoyed by each House
collectively and by members of each House
individually, without which they could not
discharge their functions, and which exceed
those possessed by other bodies or
individuals. Thus, privilege, though part of
the law of the land, is to certain extent an
exemption from the general law.

3. LEGAL STATUTES
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• The Constitution of India, 1949 – Article
105 & 194: Powers, Privileges and
Immunities of Parliament and its
Members; and
• The Representation of the People Act,
1951 - Qualifications and Disqualifications
for Membership of Parliament and State
Legislatures.

4. The Constitution of India,
1949
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Article 194: Powers, privileges, etc of the Houses of Parliament and of the members and
committees thereof;
•(1) Subject to the provisions of this constitution and the rules and standing orders
regulating the procedure of Parliament, there shall be freedom of speech in Parliament.
•(2) No Member of Parliament shall be liable to any proceedings in any court in respect of
anything said or any vote given by him in Parliament or any committee thereof, and no
person shall be so liable in respect of the publication by or under the authority of either
House of Parliament of any report, paper, votes or proceedings.
•(3) In other respects, the powers, privileges and immunities of each House of Parliament,
and of the members and the committees of each House, shall be such as may from time
to time be defined by Parliament by law, and, until so defined shall be those of that House
and of its members and committees immediately before the coming into force of Section
15 of the Constitution (Forty fourth Amendment) Act 1978.
•(4) The provisions of clauses ( 1 ), ( 2 ) and ( 3 ) shall apply in relation to persons who by
virtue of this constitution have the right to speak in, and otherwise to take part in the
proceedings of, a House of Parliament or any committee thereof as they apply in relation
to members of Parliament.

5. The Representation of the
People Act, 1951
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
An Act to provide for the conduct of
elections of the Houses of Parliament and to
the House or Houses of the Legislature of
each State, the qualifications and
disqualifications for membership of those
Houses, the corrupt practices and other
offences at or in connection with such
elections and the decision of doubts and
disputes arising out of or in connection with
such elections.

6. Prominent Privileges
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Freedom of speech in Parliament.
• Immunity to a member from any proceedings in
any court in respect of anything said or any vote
given by him in Parliament or any committees
thereof.
• Immunity to a person from proceedings in any
court in respect of the publication by or under
the authority of either House of Parliament of
any report, paper, votes or proceedings.
• Prohibition on the courts to inquire into
proceedings of Parliament.

7. Prominent Privileges
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
•
•
•
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
•
Freedom from arrest of members in civil cases during the
continuance of the session of the House and 40 days before its
commencement and 40 days after its conclusion
Right of the House to receive immediate information of the
arrest, detention, conviction, imprisonment arid release of a
member
Members or officers of the House cannot give evidence or
produce documents in courts of law, relating to the proceedings
of the House, without the permission of the House
Each House also enjoys certain consequential powers such as to
commit persons, whether they are member or not, for breach of
privilege or contempt of the House; to compel the attendance of
witnesses and to send for papers and records; to regulate its own
procedure and the conduct of its business; to prohibit the
publication of its debates and proceedings; and to exclude
strangers from the House.

8. Power to Punish
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Each House is the guardian of its own privileges. Courts of
law have recognized that a House of Parliament (or of a
state legislature) is the sole authority to judge as to
whether or not there has been a breach of privilege or
contempt of the House in a particular case. The House
may punish a person found guilty of breach of privilege or
contempt of the House either by reprimand or admonition
or by imprisonment for a specified period. In case of its
own members, it can award suspension from the service of
the House or expulsion.
• The penal jurisdiction of the House is not confined to its
own members or to offences committed in its immediate
presence, but extends to all contempts of the House.

9. Reason Development
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Lily Thomas vs Union of India & Others on
10 July, 2013:
•The Supreme Court struck down sub
section (4) of Section 8 of the
Representation of the People Act, 1951 as
ultra vires the Constitution. This particular
section protects convicted legislators
against disqualification on the ground of
pendency of appeal against their conviction
in the higher courts.

10. Section 8 (4) of the Representation
of the People Act, 1951
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Notwithstanding anything in sub- section (1), subsection (2), or sub- section (3) a disqualification
under either sub- section shall not, in the case of
a person who on the date of the conviction is a
member of Parliament or the Legislature of a
State, take effect until three months have
elapsed.
• Section 8(4) of the Representation of the People
Act allowed convicted MPs, MLAs and MLCs to
continue in their posts, provided they appealed
against their conviction/sentence in higher courts
within three months of the date of judgment by
the trial court.

11. Current Scenario
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
• Former medical education minister Rasheed
Masood was the first parliamentarian to be
disqualified as an MP in September 2013 after he
was sentenced to four-year jail for allotting
medical seats to undeserving students, when he
was the medical education minister.
• RJD chief Lalu Prasad Yadav was on October 3,
2013, sentenced to 5-year jail in the Rs 900-cr
fodder scam. With that, he was disqualified as
MP and lost the power to contest polls.

12. The Representation of the People
(Amendment and Validation) Ordinance,
2013
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Ordinance allows convicted MPs and
MLAs to continue in office if their
appeal is admitted by a higher court
within 90 days and the conviction
stayed. But they won't be entitled to
vote during House proceedings or
draw salaries and allowances until the
case is finally decided.

13. Controversial Ordinance
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Union cabinet has unanimously
decided to withdraw the ordinance as
well as the bill.

14. Election Commission
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Election Commission has proposed to
the Supreme Court that a person
should be debarred from contesting
elections if a court has framed charges
against him/her for an offence
attracting a jail term of five years or
more.

15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Thank You