Parliamentary privileges are special rights belonging to each house of the Parliament, its members and committees. The privileges are provided to uphold the autonomy of action and the integrity of Parliament, its committees, and its members.

Facts about parliamentary privileges

• Sources: Provisions of the constitution, Rules of Procedure in both the houses of Parliament, Provisions of various laws, Judgements of the Supreme Court and High Courts, and Conventions.
• Constitutional provision: Article 105 mentions only certain privileges like freedom of speech in the parliament and non-liability of a member in a court for his/her work in the parliament. The constitution has empowered the parliament to pass a law on parliamentary privileges but such a law is yet to be passed.
• Status: They are not codified. They are enforced by the presiding officer. 
• Scope: Parliamentary privileges are also available to the Attorney General of India as he/she is empowered to take part in the proceedings of parliament. But they are not available to the President even when the president is considered as an integral part of the parliament.

Types of parliamentary privileges

• Collective Privileges

1. 1. • Salary and allowances: Parliament can decide the salary and allowances of its members and officers.
      • Power to regulate the procedure: Parliament can regulate its own proceedings through rules of procedure of both the houses.
      • Restriction on courts: Courts cannot inquire into the validity of any proceedings of the parliament.

• Publication of proceedings: No person can be made liable in any court for publication in a newspaper of a substantially true report of any proceedings of either House of Publication is not considered defamatory unless it is demonstrated that it was done with malicious intent.

1. 1. • The Speaker and the Chairman have the right to receive information of arrest or detention of members of the Lok Sabha and the Rajya Sabha, respectively.

• Individual Privileges

1. • Freedom from Arrest and Detention of Members: The Code of Civil Procedure, 1908 provides for freedom from arrest and detention of members in civil cases during the session of the House or meeting of a parliamentary committee, during a period of 40 days before and after such session or meeting.
     • Exception – This protection does not extend to criminal cases or in the case of arrest under Preventive Detention.
   • A member of the parliament cannot be compelled to give evidence or produce documents in any court relating to the proceedings of his/her respective house of parliament, without prior permission of the house.
   • Freedom of speech in the house: Freedom of Speech to Parliamentarians in the Houses of the Parliament is prescribed under Article 105. Freedom of speech in Article 105 is different from Freedom of speech in Article 19 (2). There is a clause for reasonable restriction on the Freedom of speech under Article 19, but under Article 105 the reasonable restriction principle does not apply.

Comparative Analysis: Situations Where Lok Sabha Holds More Authority Than Rajya Sabha

Instances when Lok Sabha has more powers than Rajya Sabha

• Money Bill: As mentioned previously, a Money Bill can only be initiated in the Lok Sabha. The decision of the speaker on certifying a particular bill as a money bill is final.

• Joint Sitting of the parliament: The Presiding officer for the Joint sitting of Parliament is the Speaker of the Lok Sabha and not the Chairman of Rajya Sabha.

• Voting on Demands for grants: Rajya Sabha cannot vote on the demands for grants, it can only discuss them.

• Removal of Council of Ministers: A No-confidence motion can only be introduced in the Lok Sabha because council of ministers is collectively responsible to Lok Sabha.

• Discontinuance of National Emergency: Only Lok Sabha can pass a resolution for the discontinuance of the National emergency.

Instances when Rajya Sabha has more powers than Lok Sabha

• Creation of All India Services: According to Article 312 of the Constitution, the Rajya Sabha can, via a resolution, permit Parliament to establish an All-India Service similar to the IAS, IPS, and IFoS.

• Authority to legislate on a subject of State list: Under Article 249 of the constitution, Rajya Sabha, through a resolution, can authorize the parliament to enact a law on a subject mentioned in the State list.
• Removal of Vice-President: As the Vice President is the ex-officio chairman of Rajya Sabha, his removal process can only be initiated in the Rajya Sabha.

Instances when both Lok Sabha and Rajya Sabha have equal powers

• Process of introduction and passage of Ordinary Bills, Constitutional amendment bills and financial bills involving expenditure from the consolidated fund of India is similar in both houses of the Parliament.
• The processes for the election and impeachment of the President, along with the election of the Vice-President.
• Endorsement of ordinances issued by the President.
• Approval of proclamation of all three types of emergencies – National Emergency, President’s rule in case of failure of constitutional machinery in a state and Financial Emergency.

• Process of removal of judges of the Supreme Court and different High Courts.
• Consideration of reports of various bodies like Finance commission, UPSC, CAG etc.