Parliamentary privileges protect the functioning of legislative institutions. They preserve freedom of speech and deliberation within the legislature and allow the House to regulate its internal proceedings.
When read alongside anti-defection law, parliamentary privilege becomes especially important. One doctrine protects institutional independence; the other regulates party discipline and legislative conduct.
Privilege and independence
The purpose of privilege is not personal advantage. It exists so that the legislature can perform constitutional functions effectively. That is why questions of privilege often require institutional sensitivity.
The connection with defection disputes
Defection disputes can involve voting conduct, party directions, the Speaker’s authority, and judicial review. Parliamentary privilege supplies part of the institutional background against which these disputes must be understood.
Read more at the Book and Source Links page, the Essays page, and the full Anti-Defection Law and Parliamentary Privileges microsite.
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Anti-Defection Law and Parliamentary Privileges 