AUTHOR- Aashita Jain
Contempt of house means intrusion with the parliamentary privileges and other kind of various acts that hinders the house and the members of the house in their working. The constitution of India gives certain kinds of privileges to the members of the parliament and the state legislatures so that they can work without any obstruction under article 105 of the Indian constitution which read as follows:
Powers, privileges, etc of the Houses of Parliament and of the members and committees thereof
1. Subject to the provisions of this constitution and the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament
2. No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings
3. In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined shall be those of that House and of its members and committees immediately before the coming into force of Section 15 of the Constitution (Forty fourth Amendment) Act 1978
4. The provisions of clauses ( 1 ), ( 2 ) and ( 3 ) shall apply in relation to persons who by virtue of this constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament
And under article 194 of the Indian constitution -Powers, privileges, etc, of the House of Legislatures and of the members and committees thereof, which is similar to that of the Parliament.
Some instances of contempt of court are
· Publication of false and distorted report about the parliamentary proceedings
· Publication of the proceedings which take place in the secret sessions of the parliament
· Offering bribes to the members of parliament and state legislature for influencing their parliamentary conduct
· Causing hindrance to the officers of the house while doing their duties
· Any kind of unfair practice or misconduct done by the members
The constitution of India also confers the powers on the house to punish the people for the contempt which arises from the breach of the privileges conferred on the members. This power to punish is exercised by the speaker of Lok Sabha or the Chairman of the Rajya Sabha.
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