academic commentary [see Joseph
Maingot, Parliamentary Privilege (Toronto: Butterworths,
1982) at p. 12]:
―Parliamentary privilege is the necessary immunity that
the law provides for Members ... Report (Lord Nicholas) which describes
parliamentary privilege as: (SCC p. 380)
―471. ... ‗Parliamentary privilege consists of the rights
and immunities which the two Houses
academic commentary [See: Joseph Maingot, Parliamentary
Privilege (Toronto: Butterworths, 1982) at p. 12]:
"Parliamentary privilege is the necessary immunity
that the law provides ... quoted from Parliamentary
25
Privilege- First Report (Lord Nicholas) which describes
Parliamentary Privilege as:
"Parliamentary privilege consists of the rights and
immunities which
provisions of Clause (2) of Article 212 and not by the Parliamentary immunities recognised in Clause (3) of Article 194. Though Clause (3) of Article ... officers. It is difficult to conceive of the immunities of a Legislature as distinct from the immunities of the Speaker who is representative
Sehajdhari Sikh Federation vs Union Of India & Ors on 20 December, 2011
Equivalent citations
Parliamentary Privilege First Report' (Lord
Nicholas Report), it was observed;
Parliamentary privilege consists of the
rights and immunities which the two Houses
of Parliament ... stated that parliamentary privilege and immunity are
founded upon necessity. 'Parliamentary privileges' and
the breadth of individual privileges encompassed by that
term were
have severe unintended
consequences. In view of political realities, if the parliamentary immunity
conferred upon MPs/ MLAs is whittled down, it would enhance the possibility ... learned Attorney
General were not rendered in a context where parliamentary privilege or
immunity was sought to be invoked and the passing reference
dispute as to whether the Legislator would enjoy
absolute immunity or qualified immunity depending upon the facts ... immune from proceedings in any Court this
immunity is not only complete but is as it should be. It is
of the essence of parliamentary
Parliament.
That Member of Parliament has the total right under parliamentary immunity to say whatever he wishes to within the sacred precincts of this House
that the
order of removal thereafter would be immune from challenge being the
culmination of the parliamentary process and, therefore, the learned Judge
would ... this process being in effect the
culmination of the parliamentary process would be immune from judicial
review and, therefore, unless the learned Judge
that:
(i) The ultimate source of the powers, privileges and immunities of a House of
a State Legislature and of the members and committees would ... nature of the privileges and immunities referable to the House of Commons in the
United Kingdom. Erskine May’s Parliamentary Practice25, provides a
comprehensive statement
