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Parliamentary Privileges

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INTRODUCTION
According to 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. Certain rights and immunities such as freedom from arrest or freedom of speech belong primarily to individual members of each House and exist because the House cannot perform its functions without unimpeded use of the services of its members. Other such rights and immunities such as the power to punish for contempt and the power to regulate its own constitution belong primarily to each House as a collective body, for the protection of its members and the vindication of its own authority and dignity. Fundamentally, however, it is only as a means to the effective discharge of the collective functions of the House that the individual privileges are enjoyed by members.
"When any of these rights and immunities is disregarded or attacked, the offence is called a breach of privilege and is punishable under the law of Parliament. Each House also claims the right to punish as contempt actions which, while not breaches of any specific privilege, obstruct or impede it in the performance of its functions, or are offences against its authority or dignity, such as disobedience to its legitimate commands or libels upon itself, its Members or its officers."

Parliamentary Privilege in India
Parliamentary Privilege in India adopts certain method of two Privileges * freedom of speech * freedom of publication of proceedings and other privileges.

Cases * Raja Ram Pal vs Speaker, Lok Sabha & Ors (2007) * Amrinder Singh vs Spl. Committee, Punjab Vidhan (2010)

Parliamentary Privilege in UK
Two main components of Parliamentary Privileges: * Freedom of Speech * Exclusive Cognisance
Cases
* Pepper (Her Majesty's Inspector of Taxes) v Hart (1993) * R v Chaytor and others [2010]

Parliamentary privileges in Canada
Individual parliamentary privileges include: 1. Freedom of speech 2. Freedom from arrest in civil action 3. Exemption from jury duty 4. Exemption from appearing as a witness 5. Freedom from obstruction, interference, intimidation and molestation
Collective parliamentary privileges include: 1. Power to discipline 2. Regulation of the House's internal affairs 3. Management of Employees 4. Authority to maintain the attendance and service of Members 5. Right to institute inquiries and to call witnesses and demand papers 6. Right to administer oaths to witnesses 7. Right to publish papers containing defamatory material

Cases * Canada (House of Commons) v. Vaid, [2005]

Parliamentary Privileges in Australia
The term ‘parliamentary privilege’ refers to two significant aspects of the law relating to Parliament: * The privileges or immunities of the houses of the Parliament * The powers of the houses to protect the integrity of their processes, particularly the power to punish contempt.
These immunities and powers are very extensive, but they carry with them great responsibilities. They are deeply ingrained in the history of free institutions, which could not have survived without them.
Cases
* Uren V. John Fairfax & Sons Ltd * R v Richards; Ex parte Fitzpatrick and Browne (1955)

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