[DEC] Breach of Previlege Flashcards

1
Q

Provisions to protect the privileges of the legislature?

A

Article 105 - For Centre

Article 194 - For state

These are right and immunity enjoyed by legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties.
[PROTECTION FOR ACTIONS DONE IN COURSE OF LEGI.DUTY]

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2
Q

What constitutes a breach of this privilege?

A

powers and privileges are not codified.

no clear, notified rules to decide what constitutes a breach of privilege, and the punishment it attracts.

Act that obstructs either House of the state legislature in performing its functions, or which obstructs or impedes any Member or Officer of such House in the discharge of his duty, or has a tendency, directly or indirectly, to produce such results is treated as a breach of privilege.

-breach of privilege and contempt to print or publish libel reflecting on the character or proceedings of the House or its Committees or on any member of the House for or relating to his character or conduct as a legislator.
[FALSE WRITTEN DEFAMATION OF HOUSE/MEMBER/COMMITTEE->BREACH & CONTEMPT]

libel=a published false statement that is damaging to a person’s reputation; a written defamation.

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