Notes on Parliamentary Procedure - Page 726

MISCELLANEOUS NOTES 705

II. Freedom from Arrest.

This privilege is not granted by the Government of India Act. It is granted by an Act of the Indian Legislature. It is called

Legislative Members Exemption Act, 1925. [No. 23 of 1925]

UNDER THIS ACT

  1. Members of the legislative bodies constituted under the Government of India Act are exempt from liability to serve as jurors or assessors.

  2. No person is liable to arrest or detention in prison under civil process—

(a) If he is a member of a legislative body constituted under the Government of India Act, during the continuance of any meeting of such body.

(b) If he is a member of any Committee of such body, during the continuance of any meeting of such body.

(c) If he is a member of either chamber of Indian Legislature, during the continuance of a joint sitting of the chambers, or of a meeting of a conference or joint Committee of the chambers of which he is a member, and during 14 days before and after such meeting or sitting.

Points to note.

(1) Freedom is only from Civil Arrest.

(2) Liable to re-arrest after the period.

Procedure of the Legislatures

I. The Procedure of the Indian Legislature is regulated by

(1) Rules of Business and

(2) Standing Orders.

Section 67 (1) permit Rules and Standing Orders to be made Section 67 (6) for the Central Legislature.

Section 72 D (6) permit Rules and Standing Orders to be made Section 72 D (7) for the Local Legislature.