(1)Article 105 (3) of the Constitution of India provides the same privileges for Members of Parliament in India as are enjoyed by the Members of the British Parliament. One of the privileges is that on service of summons can be effected upon the Members when they are within the precincts of the Parliament. The Courts should not, therefore, attempt to serve summons through the Presiding Officer or through the Parliament Secretariat. The appropriate procedure would be for the summons to be served direct on the members concerned outside the precincts of the Parliament, i.e., at their residence or at some other place.(2)The procedure laid down in sub-rule (1) should be followed for effecting service of summons upon Members of the State Legislature, who enjoy the same privilege under Article 194 (3), and Article 238 of the Constitution.
