As we know that our motherland has constitutional ascendancy, instead our parliament has some privileges as we belong to a Parliamentary democratic system. Article 78 of our supreme charter ensures Parliamentary privilege in its each syllable. In addition, sub-art. (5) empowers legislative body to enlarge these privileges by an Act of Parliament. Sub-arts. (1) to (4) guaranteed immunities for Parliament, MPs, its committees and even its officials to exercise liberties in respect of saying anything, powers relating to regulation of procedure, conduct of business, maintenance of order, vote, any publication under parliamentary authority from judicial action. Even Art 78(2) affirmed that no court has jurisdiction to scrutiny MPs function within the ambit of Parliamentary powers.
However, our legislature enjoys these immunities from the beginning of its Parliamentary history. Sometimes it invokes debate with civil society and court. We witnessed rat race between the House of Commons and English court on the ground of privilege. The scenario is little bit different in our territory because our court can strike down a legislation passed by the parliament by virtue of constitution even if it passed under the authority of Art. 78(5). Apart from powers conferred by Art. 78, Supreme Court can explore the validity of an action relating with privilege.
It is the constitutional right to the parliamentarian that they can say anything in exercising their parliamentary duty. The constitution does not impose any restriction in this regard whereas it furnishes a shopping list of limitation to exercise right to speech. However, our lawmakers habitually misused the constitutional notion of free speech. Often the ruling party members attack the opposition and vise versa. Even they do not hesitate to deliver colloquial speech to slur posthumous founder of both the leading parties. Though these words are not subject to judicial action but MPs have an obligation to exercise their privilege reasonably. Normally, they expense a mentionable time in parliament e