Indian Polity & Constitution15 Concepts & Facts

Parliamentary Privileges (Article 105) & Standing Committees GK Questions & Answers

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The constitutional genesis of parliamentary privileges in India is enshrined in Article 105 for the Union Parliament and Article 194 for the State Legislatures. These provisions establish the foundational institutional framework that guarantees the functional autonomy and independence of legislative bodies. Historically, the evolution of these privileges is intrinsically linked to the conventions and statutory origins of the British House of Commons, which served as the primary reference point prior to codification efforts. The constitutional architecture explicitly guarantees freedom of speech within the legislative chambers and provides absolute immunity from judicial proceedings concerning any vote given or statement made by members during parliamentary sessions. The framework is designed not to elevate legislators above ordinary citizens, but to protect the integrity of democratic deliberation.

The operational mechanics of parliamentary privileges are managed through the Committee of Privileges, which functions as a quasi-judicial investigative body. In the Lok Sabha, the committee comprises fifteen members nominated by the Speaker, whereas the Rajya Sabha committee consists of ten members appointed by the Chairman. The procedural stages involve the examination of specific cases regarding breaches of privilege or contempt of the House, which can range from publishing premature committee reports to obstructing elected members in the execution of their constitutional duties. The statutory powers vested in the legislative houses include punitive authority to sanction offenders through reprimand, admonition, suspension from service, or in severe cases of contempt, explicit imprisonment for the duration of the legislative session.

Practical implementation of these privileges has been delineated by landmark Supreme Court constitutional bench rulings, most notably the Searchlight Case of 1959 and the Raja Ram Pal versus Hon'ble Speaker judgment of 2007, which affirmed the legislative competence to expel members for systemic corruption. The judiciary has consistently maintained that while legislative bodies possess punitive jurisdiction, fundamental rights under Article 21 remain inviolable, subjecting privilege executions to judicial review under specific constitutional parameters.For candidates preparing for Union Public Service Commission Civil Services Examination, Staff Selection Commission Combined Graduate Level, and State Public Service Commission examinations, comprehensive knowledge regarding the constitutional interpretation, procedural deployment, and statutory parameters of this specific domain constitutes an absolute prerequisite for successfully navigating preliminary objective assessments and constructing structurally sound descriptive answers in the main examinations.

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Articles 105 and 194 define the individual and collective privileges of Parliament and State Legislatures respectively.

In Sita Soren v. Union of India (2024), a 7-judge Supreme Court bench unanimously ruled that legislators taking bribes for speeches or votes enjoy no immunity under Article 105(2).

The Public Accounts Committee (PAC), established in 1921, consists of 22 members (15 Lok Sabha, 7 Rajya Sabha) and is customarily chaired by an Opposition MP.

The Estimates Committee, established in 1950 on Finance Minister John Mathai's recommendation, consists of 30 members drawn exclusively from the Lok Sabha.

There are 24 Departmentally Related Standing Committees (DRSCs) with 31 members each (21 LS, 10 RS) that conduct detailed legislative and budgetary scrutiny.

Article 105(1) guarantees freedom of speech in Parliament, subject only to the provisions of the Constitution and the rules and standing orders regulating the procedure of Parliament.

Article 105(2) confers absolute immunity on MPs from any court proceedings in respect of anything said or any vote given by them in Parliament or any committee thereof.

Section 135A of the Code of Civil Procedure, 1908 grants legislators freedom from arrest in civil cases during the continuance of a legislative session and 40 days before and after the session.

Immunity from arrest under parliamentary privilege does not extend to criminal offenses, preventive detention, or contempt of court proceedings.

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The Committee on Public Undertakings (COPU) was established in 1964 upon the recommendation of the Krishna Menon Committee, consisting of 22 members (15 Lok Sabha and 7 Rajya Sabha).

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Ministers are constitutionally ineligible for election or nomination to financial committees (PAC, Estimates Committee, and COPU) and Departmentally Related Standing Committees.

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The Business Advisory Committee of the Lok Sabha consists of 15 members, chaired ex-officio by the Speaker, regulating the legislative timetable and allocation of time for government business.

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The Committee of Privileges investigates breaches of privilege and contempt of the House, consisting of 15 members in the Lok Sabha and 10 members in the Rajya Sabha.

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In Raja Ram Pal v. Hon'ble Speaker, Lok Sabha (2007), the Supreme Court upheld the constitutional power of Parliament to expel members for gross misconduct, confirming such expulsion remains subject to judicial review.

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In Searchlight Case (MSM Sharma v. Sri Krishna Sinha, 1959), the Supreme Court held that legislative privileges under Article 194(3) prevailing over freedom of speech under Article 19(1)(a) must be reconciled by harmonious construction.

Subject Specialist Commentary

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Educator's Insight

Parliamentary privileges give lawmakers the freedom to speak and deliberate inside legislatures without fear of outside interference. Enshrined in Article 105 for Parliament and Article 194 for State Assemblies, these rights include freedom of speech on the floor and immunity from civil arrest during legislative sessions. To scrutinize administrative spending and policy, Parliament relies on specialized standing committees, such as the Public Accounts Committee, the Committee on Public Undertakings, and the Estimates Committee.

In UPSC prelims and State PSC exams, examiners frequently test committee membership and judicial rulings. Pay close attention to a classic question trap: the Estimates Committee has thirty members drawn exclusively from the Lok Sabha, whereas PAC and COPU include seven members from the Rajya Sabha. Also remember that ministers cannot serve on financial committees. For current affairs revision, memorize the landmark 2024 Sita Soren judgment, where a seven-judge Supreme Court bench held that lawmakers taking bribes for speeches or votes receive no constitutional immunity.

Parliamentary Privileges (Article 105) & Standing Committees GK Questions & Answers

Key Concepts & Self-Assessment15 Key Facts

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