Parliamentary privileges and breach proceedings

An uncodified immunity is what distinguishes parliamentary privilege from ordinary statutory protection. The House judges its own cause, which creates the tension with judicial review and press freedom that Raja Ram Pal (2007) only partially resolved. Articles 105 and 194 grant each House, its committees and members: freedom of speech inside the House, immunity from court proceedings for anything said or voted there, and power to punish contempt or breach. The 44th Amendment, 1978 replaced the original cross-reference to House of Commons privilege with a frozen historical formula. A breach notice goes to the Committee on Privileges, not a court; Raja Ram Pal held expulsion reviewable by the Supreme Court.

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