The immunities afforded to members, including protection from arrest during sessions and legal immunity for their parliamentary activities, help safeguard their ability to perform their roles without fear of undue legal consequences. Together, these provisions support the integrity and independence of Parliament, allowing it to operate effectively and uphold democratic principles.

Powers of Parliament

1. Legislative Authority: Article 246 of the Indian Constitution is fundamental in defining the legislative powers of Parliament and State Legislatures. It sets out a clear division of responsibilities, with Parliament handling matters on the Union List and the Concurrent List. The Union List includes subjects of national importance, such as defence, foreign affairs, and atomic energy, while the Concurrent List covers areas like criminal law and education, where both the Union and States can legislate.

This distribution ensures that Parliament can address a broad range of national issues, creating laws that are crucial for the country’s governance and development. By having authority over these significant matters, Parliament plays a vital role in shaping national policies and addressing issues that affect the entire country.

2. Financial Powers: Parliament's control over financial matters is essential to its authority. Article 110 of the Constitution deals with Money Bills, which are essential for the administration of the country's finances. According to this article, Money Bills can only be introduced in the Lok Sabha, the lower house of Parliament, not in the Rajya Sabha. This procedure highlights the importance of the Lok Sabha's role in financial legislation.

The requirement that Money Bills must be approved by Parliament ensures that all financial matters, including taxation and government expenditure, are subject to thorough scrutiny. This process reinforces the principle of democratic accountability by making sure that the executive branch's financial actions are examined and approved by the elected representatives of the people.

3. Judicial Functions: Parliament also has judicial functions that are crucial for maintaining the accountability of high constitutional officers. Articles 61 and 68 provide the procedures for the impeachment of the President and Vice-President, respectively. Similarly, Articles 124 and 217 detail the procedures for the impeachment of Supreme Court and High Court judges.

Impeachment is a significant mechanism that allows Parliament to hold these high-ranking officials accountable for misconduct or failure to uphold the Constitution. These procedures ensure that even the highest offices in the country are subject to checks and balances, maintaining the integrity of the executive and judiciary.

Privileges of Parliament

1. Freedom of Speech: Article 105(1) of the Indian Constitution guarantees members of Parliament the right to speak freely within the confines of Parliament. This privilege is vital for allowing open and honest discussions on legislative matters. It ensures that members can debate and express their views without fear of legal repercussions, thereby supporting a thorough and unrestrained exchange of ideas essential for sound legislative processes.

2. Self-Regulation: Article 118 empowers Parliament to regulate its own procedures and conduct of business. This provision allows Parliament to establish and manage its internal rules without external interference, thus ensuring orderly and efficient legislative operations.

3. Disciplinary Authority: Parliament holds the authority to expel or suspend members and to take disciplinary action against individuals for contempt or breach of privilege. This authority is crucial for maintaining order and discipline within the legislative body, ensuring adherence to parliamentary norms and standards.

Immunities of Members

1. Parliamentary Immunity: Article 105(2) confers immunity on members of Parliament for any statement made or action taken in the course of parliamentary duties. This immunity is fundamental for enabling members to perform their legislative functions without the fear of legal repercussions.

2. Protection from Arrest: Article 105(3) provides that members of Parliament cannot be arrested in civil cases during parliamentary sessions, as well as for 40 days before and after a session. This safeguard ensures that MPs can attend and fully participate in parliamentary proceedings without the disruption or distraction of legal issues. This protection is crucial for allowing members to focus on their legislative duties without the added concern of being hindered by civil arrests.

Exceptions to Parliamentary Powers and Privileges

1. Judicial Review: The powers and privileges of Parliament are not absolute and are subject to judicial review. The Supreme Court has the authority to examine parliamentary actions to ensure they align with constitutional provisions and fundamental rights. For instance, in Keshav Singh v. Speaker, Legislative Assembly of Punjab (1960), the Court emphasized that although parliamentary privileges are important, they must be exercised within the boundaries of constitutional principles and individual rights.

2. Limits of Immunity: The immunity granted under Article 105(2) is confined to actions taken within the purview of parliamentary duties. The Supreme Court, in R.S. Nayak v. A.R. Antulay (1986), clarified that parliamentary immunity does not extend to non-legislative actions, thereby maintaining accountability for activities outside the legislative function.

3. Accountability and Constitutional Rights: The exercise of parliamentary privileges must align with constitutional rights. In Jain Hind Radio v. Union of India (1992), the Supreme Court reaffirmed that while members enjoy freedom of speech within parliamentary proceedings, this privilege does not exempt them from other legal obligations and rights, thereby ensuring a balanced approach to parliamentary immunities.

Article 106: Salaries and Allowances

Article 106 of the Constitution addresses the determination of salaries and allowances for members of Parliament. It mandates that Parliament itself decides on the remuneration and allowances of its members. This provision ensures that members receive adequate compensation for their duties, independent of executive control, reflecting the principle of parliamentary self-regulation in financial matters.

Conclusion

The powers, privileges, and immunities of Parliament and its members are crucial for a well-functioning democracy. The Indian Constitution details these aspects to ensure that Parliament can operate independently while remaining accountable to the public. Court rulings help clarify these rules, emphasizing the need to balance parliamentary freedom with individual rights. Understanding these principles is essential for grasping how parliamentary governance functions and how the rule of law is upheld in India.