Question

A member of Parliament makes a defamatory statement against a person in Parliament and then circulates it outside Parliament not in discharge of his essential duties as a member ______________________________________.

• A. He is protected and cannot be sued in a court of law as members of Parliament enjoy freedom of speech
• B. He is protected only regarding the speech made by him in the House and not otherwise
• C. He is not protected and can be sued in Court of law as circulation of defamatory statement outside Parliament does not come within the immunity granted to a member
• D. He can be protected in a Court but action can be taken by the Speaker

Answer 1

The correct option is C He is not protected and can be sued in Court of law as circulation of defamatory statement outside Parliament does not come within the immunity granted to a member

The members of the Parliament enjoys certain collective and individual privileges. Accordingly they have freedom of speech in Parliament. No member is liable to any proceedings in any court for anything said or any vote given by him in Parliament or its committees. However, any such statement if circulated outside the parliament and is found not connected with discharge of his essential duties, a criminal defamation case can be filed against any such member and he shall have a legal liability incurring from it.