CHENNAI

3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,

Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
PARLIAMENTARY PRIVILEGE
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
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
 Parliamentary Privilege
CHENNAI
3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,

According to Sir Thomas Erskine May,
Parliamentary privilege is the sum of the
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
peculiar rights enjoyed by each House
collectively and by members of each House
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.

individually, without which they could not

Tel: +91 - 80 - 6546 2400

COIMBATORE

discharge their functions, and which exceed

BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.

those possessed by other bodies or

Tel: +91 - 422 – 6552921

individuals. Thus, privilege, though part of

the law of the land, is to certain extent an
exemption from the general law.
EMAIL
info@altacit.com
WEBSITE
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 LEGAL STATUTES
CHENNAI
3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,

• The Constitution of India, 1949 – Article
105 & 194: Powers, Privileges and
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Immunities of Parliament and its
Members; and
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
BB1, Park Avenue,
• The Representation of the People Act,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
1951 - Qualifications and Disqualifications
for Membership of Parliament and State
Legislatures.

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

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 The Representation of the
People Act, 1951
CHENNAI
3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,

An Act to provide for the conduct of
elections of the Houses of Parliament and to
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
the House or Houses of the Legislature of
each State, the qualifications and
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.

disqualifications for membership of those

Tel: +91 - 80 - 6546 2400

COIMBATORE

Houses, the corrupt practices and other

BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.

offences at or in connection with such

Tel: +91 - 422 – 6552921

elections and the decision of doubts and

disputes arising out of or in connection with
such elections.
EMAIL
info@altacit.com
WEBSITE
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 Prominent Privileges
CHENNAI
3rd Floor, ‘Creative Enclave’,
• Freedom of speech in Parliament.
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
• Immunity to a member from any proceedings in
BANGALORE
any court in respect of anything said or any vote
given by him in Parliament or any committees
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400 thereof.
COIMBATORE
BB1, Park Avenue, • Immunity to a person from proceedings in any
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
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.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
 Prominent Privileges
CHENNAI
3rd Floor, ‘Creative Enclave’, • Freedom from arrest of members in civil cases during the
148-150, Luz Church Road,
Mylapore,
continuance of the session of the House and 40 days before its
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
commencement and 40 days after its conclusion
BANGALORE
• Right of the House to receive immediate information of the
Suite 920, Level 9,
Raheja Towers,
arrest, detention, conviction, imprisonment arid release of a
26-27, M G Road,
Bangalore - 560 001.
member
Tel: +91 - 80 - 6546 2400
• Members or officers of the House cannot give evidence or
COIMBATORE
BB1, Park Avenue, produce documents in courts of law, relating to the proceedings
# 48, Race Course Road,
Coimbatore - 641018. of the House, without the permission of the House
Tel: +91 - 422 – 6552921
• 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
EMAIL
info@altacit.com strangers from the House.
WEBSITE
www.altacit.com
 Power to Punish
CHENNAI
3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,

• Each House is the guardian of its own privileges. Courts of
Mylapore,
Chennai - 600 004. law have recognized that a House of Parliament (or of a
Tel: +91 - 44 - 2498 4821
state legislature) is the sole authority to judge as to
BANGALORE
Suite 920, Level 9, whether or not there has been a breach of privilege or
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
contempt of the House in a particular case. The House
Tel: +91 - 80 - 6546 2400
may punish a person found guilty of breach of privilege or
COIMBATORE
BB1, Park Avenue,
contempt of the House either by reprimand or admonition
# 48, Race Course Road,
Coimbatore - 641018. or by imprisonment for a specified period. In case of its
Tel: +91 - 422 – 6552921
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.
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info@altacit.com
WEBSITE
www.altacit.com
 Reason Development
CHENNAI
3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,

Lily Thomas vs Union of India & Others on
10 July, 2013:
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers,
•The Supreme Court struck down sub
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
section (4) of Section 8 of the
COIMBATORE
BB1, Park Avenue,
Representation of the People Act, 1951 as
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
ultra vires the Constitution. This particular
section protects convicted legislators
against disqualification on the ground of
pendency of appeal against their conviction
EMAIL
in the higher courts.
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 Section 8 (4) of the Representation
of the People Act, 1951
CHENNAI
3rd Floor, ‘Creative Enclave’,
• Notwithstanding anything in sub- section (1), sub-
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
section (2), or sub- section (3) a disqualification
under either sub- section shall not, in the case of
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers, a person who on the date of the conviction is a
member of Parliament or the Legislature of a
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE State, take effect until three months have

BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
elapsed.
Tel: +91 - 422 – 6552921
• 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
EMAIL within three months of the date of judgment by
info@altacit.com
WEBSITE
the trial court.
www.altacit.com
 Current Scenario
CHENNAI
3rd Floor, ‘Creative Enclave’,
• Former medical education minister Rasheed
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Masood was the first parliamentarian to be
disqualified as an MP in September 2013 after he
Tel: +91 - 44 - 2498 4821

BANGALORE
Suite 920, Level 9,
Raheja Towers, was sentenced to four-year jail for allotting
medical seats to undeserving students, when he
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE was the medical education minister.

BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018. • RJD chief Lalu Prasad Yadav was on October 3,
Tel: +91 - 422 – 6552921
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.

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info@altacit.com
WEBSITE
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 The Representation of the People
(Amendment and Validation) Ordinance,
2013
CHENNAI
3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,

Mylapore,
Chennai - 600 004.
Ordinance allows convicted MPs and
Tel: +91 - 44 - 2498 4821

BANGALORE
MLAs to continue in office if their
appeal is admitted by a higher court
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
within 90 days and the conviction
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
stayed. But they won't be entitled to
vote during House proceedings or
Tel: +91 - 422 – 6552921

draw salaries and allowances until the

case is finally decided.
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info@altacit.com
WEBSITE
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 Controversial Ordinance
CHENNAI
3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,

Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
Union cabinet has unanimously
BANGALORE
Suite 920, Level 9,
Raheja Towers,
decided to withdraw the ordinance as
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
well as the bill.
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921

EMAIL
info@altacit.com
WEBSITE
www.altacit.com
 Election Commission
CHENNAI

Election Commission has proposed to

3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,

Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 the Supreme Court that a person
should be debarred from contesting
BANGALORE
Suite 920, Level 9,
Raheja Towers,

elections if a court has framed charges

26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400

COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
against him/her for an offence
attracting a jail term of five years or
Coimbatore - 641018.
Tel: +91 - 422 – 6552921

more.

EMAIL
info@altacit.com
WEBSITE
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 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,

Thank You
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