Advantages Of Parliamentary Privilege

In 1642, when King Charles I entered the House of Commons seeking the arrest of the five Members alleged to have supported the Scottish invasion against his reign, he not only created Parliamentary history, but also laid the foundation of what is known today as ‘Parliamentary Privilege’. In response to King Charles I’s questions about the whereabouts of these Members, the Speaker William Lenthall famously remarked that “I have neither eyes to see nor tongue to speak in this place but as the House is pleased to direct me, whose servant I am here”. It is through this incident that Parliament asserted its distinct role as an institution, and at the same time, shielded itself from any interference by the monarchy. Interestingly, since Charles I, …show more content…
The matter is presently pending adjudication. In reviewing the law, the Court ought to bear in mind that the primary objective of Parliamentary Privilege is to strengthen the process of public debate by ensuring free speech on the floor of the House, which is critical in ensuring the organic growth of State Policy. Parliamentary Privilege permits discussion on all issues, some of which might even be considered anarchist or seditionist, when raised outside Parliament. However, even when seen from this viewpoint, it is apparent that providing privilege beyond the scope of speech would be to convert the liberty granted for some purposes into a licence for all purposes. More importantly, the immunity under Article 105 ought to protect ‘free speech’ and consequently, if the speech is tainted by favour or corrupt considerations, it deserves no protection. It is difficult to accept the contention that policy considerations for effective parliamentary function override the moral and political implications of such