TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Government Clarifies to MPs: Jaishankar's Remarks on 'Operation Sindoor' Misrepresented

    Government Clarifies to MPs: Jaishankar’s Remarks on ‘Operation Sindoor’ Misrepresented, Trump Did Not Broker Any ‘Understanding’

     Nusraat Faria

    Popular Bangladeshi actress Nusraat Faria, who portrayed the role of Sheikh Hasina in the biopic Mujib detained at Dhaka Airport

    India Pulls Out of Asia Cup Amid Pakistan Tensions

    India Pulls Out of Asia Cup Amid Pakistan Tensions

    Source:INDIATV

    Burnt Cash Row: Supreme Court to Hear Urgent Plea Against Justice Varma

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    The Silent Revolution: How Quantum AI Is Rewriting Cybersecurity, Finance, and Warfare

    The Silent Revolution: How Quantum AI Is Rewriting Cybersecurity, Finance, and Warfare

    Designing For Impact: Create Exceptional Small Businesses Marketing Materials

    Designing For Impact: Create Exceptional Small Businesses Marketing Materials

    Things You Need to Consider Before Choosing an L&T Finance Two-wheeler Loan

    Things You Need to Consider Before Choosing an L&T Finance Two-wheeler Loan

    Crypto Trading Signals Explained: A Comprehensive Guide

    Crypto Trading Signals Explained: A Comprehensive Guide

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Why the PMO Must Take the Cockpit of India’s Jet Program?

    Why the PMO Must Take the Cockpit of India’s Jet Program?

    Made in China, Destroyed by India: How Operation Sindoor Crushed China-Pakistan’s War Gamble

    Made in China, Destroyed by India: How Operation Sindoor Crushed China-Pakistan’s War Gamble

    India, Pakistan Military Commanders (DGMO) to Hold Key Talks Post-Ceasefire Understanding

    India, Pakistan Military Commanders (DGMO) to Hold Key Talks Post-Ceasefire Understanding

    The Demand of ‘de-escalation’ Is a Shield for Terror, Not a Call for Peace

    The Demand of ‘de-escalation’ Is a Shield for Terror, Not a Call for Peace

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    European Union

    European Union : The Colonial Karma Strikes Back

    Operation Sindoor still on: India neutralises Pakistan’s Chinese-made HQ9 Air Defence System in Lahore

    Operation Sindoor still on: India neutralises Pakistan’s Chinese-made HQ9 Air Defence System in Lahore

    UNSC

    UNSC Rejects Pakistan’s Anti-India Narrative, Demands Accountability for Pahalgam Terror Attack

    Credit: ANI

    India Japan Defence Meet: Pahalgam Attack Sparks Renewed Solidarity

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    How to Decide Between Amity and Manipal for Your Online MBA Journey

    How to Decide Between Amity and Manipal for Your Online MBA Journey

    Mughals, Delhi Sultans Out, Fresh Chapters on Indian Rulers, Mahakumbh Introduced: NCERT revises Class 7 books

    Mughals, Delhi Sultans Out, Fresh Chapters on Indian Rulers, Mahakumbh Introduced: NCERT revises Class 7 books

    Role of Consultants to Study in Ireland: How to Choose the Right One?

    Role of Consultants to Study in Ireland: How to Choose the Right One?

    The Complete Guide to Education Loan Interest Rates in 2025

    The Complete Guide to Education Loan Interest Rates in 2025

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Erectile Dysfunction: Separating Fact from Fiction Before You See That Sexologist Doctor in Bangalore

    Erectile Dysfunction: Separating Fact from Fiction Before You See That Sexologist Doctor in Bangalore

    Which Casino Game Actually Fits You?

    Which Casino Game Actually Fits You?

    The Thrill of Competition: Why We Love High-Stakes Moments in the Online Casino Malaysia

    The Thrill of Competition: Why We Love High-Stakes Moments in the Online Casino Malaysia

    The Fashion and Modernity Shown by Borsa Elisabetta Franchi

    The Fashion and Modernity Shown by Borsa Elisabetta Franchi

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Government Clarifies to MPs: Jaishankar's Remarks on 'Operation Sindoor' Misrepresented

    Government Clarifies to MPs: Jaishankar’s Remarks on ‘Operation Sindoor’ Misrepresented, Trump Did Not Broker Any ‘Understanding’

     Nusraat Faria

    Popular Bangladeshi actress Nusraat Faria, who portrayed the role of Sheikh Hasina in the biopic Mujib detained at Dhaka Airport

    India Pulls Out of Asia Cup Amid Pakistan Tensions

    India Pulls Out of Asia Cup Amid Pakistan Tensions

    Source:INDIATV

    Burnt Cash Row: Supreme Court to Hear Urgent Plea Against Justice Varma

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    The Silent Revolution: How Quantum AI Is Rewriting Cybersecurity, Finance, and Warfare

    The Silent Revolution: How Quantum AI Is Rewriting Cybersecurity, Finance, and Warfare

    Designing For Impact: Create Exceptional Small Businesses Marketing Materials

    Designing For Impact: Create Exceptional Small Businesses Marketing Materials

    Things You Need to Consider Before Choosing an L&T Finance Two-wheeler Loan

    Things You Need to Consider Before Choosing an L&T Finance Two-wheeler Loan

    Crypto Trading Signals Explained: A Comprehensive Guide

    Crypto Trading Signals Explained: A Comprehensive Guide

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Why the PMO Must Take the Cockpit of India’s Jet Program?

    Why the PMO Must Take the Cockpit of India’s Jet Program?

    Made in China, Destroyed by India: How Operation Sindoor Crushed China-Pakistan’s War Gamble

    Made in China, Destroyed by India: How Operation Sindoor Crushed China-Pakistan’s War Gamble

    India, Pakistan Military Commanders (DGMO) to Hold Key Talks Post-Ceasefire Understanding

    India, Pakistan Military Commanders (DGMO) to Hold Key Talks Post-Ceasefire Understanding

    The Demand of ‘de-escalation’ Is a Shield for Terror, Not a Call for Peace

    The Demand of ‘de-escalation’ Is a Shield for Terror, Not a Call for Peace

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    European Union

    European Union : The Colonial Karma Strikes Back

    Operation Sindoor still on: India neutralises Pakistan’s Chinese-made HQ9 Air Defence System in Lahore

    Operation Sindoor still on: India neutralises Pakistan’s Chinese-made HQ9 Air Defence System in Lahore

    UNSC

    UNSC Rejects Pakistan’s Anti-India Narrative, Demands Accountability for Pahalgam Terror Attack

    Credit: ANI

    India Japan Defence Meet: Pahalgam Attack Sparks Renewed Solidarity

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    How to Decide Between Amity and Manipal for Your Online MBA Journey

    How to Decide Between Amity and Manipal for Your Online MBA Journey

    Mughals, Delhi Sultans Out, Fresh Chapters on Indian Rulers, Mahakumbh Introduced: NCERT revises Class 7 books

    Mughals, Delhi Sultans Out, Fresh Chapters on Indian Rulers, Mahakumbh Introduced: NCERT revises Class 7 books

    Role of Consultants to Study in Ireland: How to Choose the Right One?

    Role of Consultants to Study in Ireland: How to Choose the Right One?

    The Complete Guide to Education Loan Interest Rates in 2025

    The Complete Guide to Education Loan Interest Rates in 2025

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Erectile Dysfunction: Separating Fact from Fiction Before You See That Sexologist Doctor in Bangalore

    Erectile Dysfunction: Separating Fact from Fiction Before You See That Sexologist Doctor in Bangalore

    Which Casino Game Actually Fits You?

    Which Casino Game Actually Fits You?

    The Thrill of Competition: Why We Love High-Stakes Moments in the Online Casino Malaysia

    The Thrill of Competition: Why We Love High-Stakes Moments in the Online Casino Malaysia

    The Fashion and Modernity Shown by Borsa Elisabetta Franchi

    The Fashion and Modernity Shown by Borsa Elisabetta Franchi

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

When it comes to privilege, there is no difference between advocates and parliamentarians

The Delhi High Court upheld the freedom of speech privilege of the advocacy profession.

Abhishek Kumar Singh by Abhishek Kumar Singh
12 February 2023
in Law
When it comes to privilege, there is no difference between advocates and parliamentarians
Share on FacebookShare on X

The legislature and judiciary are considered two important pillars of democracy. Consequently, democratic norms require that officers of both branches be granted some privilege. In India, these privileges are allocated to advocates and parliamentarians.

Advocates have absolute privilege

Recently, during the course of hearing, a few remarks of a Senior Advocate did not go down well with a businessman. Offended businessmen filed a defamation suit against the advocate. He sought Rs. 2 crore in compensation for, quote, “loss and harm caused to his reputation and goodwill.” His counsel argued that there is no statutory right granting absolute privilege to an advocate. The respondent argues against it.

RelatedPosts

Burnt Cash Row: Supreme Court to Hear Urgent Plea Against Justice Varma

Supreme Court judges unanimously agree to declare their assets following Justice Varma case row

How will the Waqf Amendment Bill, 2025 End Arbitrary Claims and Improve Transparency?

Load More

The Delhi High Court upheld the freedom of speech privilege of the advocacy profession. Justice Mini Pushkarna even refused to look into the irrelevance or maliciousness of the statement.

The Court observed that court hearings are privileged occasions. Any statement made during those moments can’t be held to be eligible for libel or slander. Therefore, advocates can’t be put on trial for defamation. Justice Mini reasoned that “the justice system would be adversely affected if lawyers were to be in fear of the law themselves.”

Also read: Bombay High Court: Teacher Discipline Not a Criminal Offense under Section 324 IPC

She also expressed the fear that if such privileges were not provided, the system of justice would literally come to a halt since advocates would think more about their own protection than that of their clients. The same principles have previously been upheld in cases like the M.K. Parameswara Kurup, M.L. Ganesh, and B. Sumat Prasad Jain.

Corresponding rights of Parliamentarians

This almost absolute freedom of speech is not guaranteed to everyone in India. Apart from advocates, only public representatives have this right. Article 105(2) of the Indian Constitution provides it for parliamentarians. It explicitly states that a parliamentarian can literally say anything on the red carpet, and courts have no power to put him or her on trial for it.

In other words, no defamation suit can be filed against parliamentarians for anything they say on the floor of the parliament. Only the rules established by the respective houses can put a stop to it. In practical terms, only the expunction of remarks and temporary suspension from parliamentary proceedings are observed.

Also read: Right to Vote in India is a Stormy Sea of Confusion

However, there is one rule that they have to abide by. Under Article 121, the rule is not to discuss the conduct of any High Court or Supreme Court Judge in the discharge of his duties. That is allowed only when there is a motion for the removal of that particular judge.

Other privileges

Similarly, both branches of democracy enjoy their respective privileges from arrest as well. Section 135 of the Civil Procedure Code, 1908, states that advocates cannot be arrested in civil cases, whether they are travelling to or from court or participating in court proceedings. This protection does not extend to criminal cases or instances of contempt of court.

For parliamentarians, the privilege of freedom from arrest depends on the date on which the house ends its proceedings. A Parliamentarian can’t be arrested in a civil case 40 days before or after the adjournment of proceedings. Furthermore, he or she cannot be arrested in Parliament.

Also read: Taj Trapezium matter: Green Concerns Take a Back Seat as Supreme Court Prioritizes Commercial interests

Then Parliamentarians and advocates have no legal compulsion to do their designated work. If Parliamentarians don’t fulfil their promises, then they can’t be put on trial for that. Similarly, last year, the Karnataka High Court held that a litigant can’t sue his lawyer for cheating or fraud just because he lost the case. Apart from these recognised ones, there are some other social privileges that both advocates and Parliamentarians enjoy.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

https://www.youtube.com/watch?v=snZ68yEkaII

Tags: Article 105(2) of the Indian ConstitutionArticle 121B. Sumat Prasad JainDefamation suitDelhi High CourtHigh Court JudgeIndian ConstitutionJustice Mini PushkarnaM.K. Parameswara KurupM.L. GaneshParliamentParliamentary ProceedingsSupreme Court Judge
ShareTweetSend
Previous Post

With new doctrine IAF takes its biggest strategic shift ever

Next Post

Sun shocks scientists with unprecedented breakaway

Related Posts

Supreme Court
Law

Courts Must Remain Open To Constructive Criticism: SC says even subjudice issues can be debated by people and Press

10 May 2025

In a major push for freedom of speech and expression, the Supreme Court, on Thursday, stressed the importance of...

Resign or Face Impeachment: Justice Yashwant Varma indicted by SC’s in-house panel
Law

Resign or Face Impeachment: Justice Yashwant Varma indicted by SC’s in-house panel

7 May 2025

The Supreme Court’s in-house committee that was formed to probe the alleged discovery of cash at Justice Yashwant Varma's...

Supreme Court
Law

“Highhandedness”: Supreme Court Rebukes Punjab Govt Over SYL Canal Dispute

6 May 2025

In a stern criticism, the Supreme Court of India criticized the Punjab government for its persistent opposition to the...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

Pakistan needs money from IMF to feed their people

Pakistan needs money from IMF to feed their people

00:15:20

Vacate PoK and more: Steps Pakistan needs to take to avoid Indian military action

00:06:36

Taking The Wire’s Propaganda Piece on VP to the Cleaners – Feat. Prof. Kapil Kumar

00:09:19

Rahul Gandhi Undermines India’s Electoral Integrity as Trump Applauds It

00:07:09

Why Pakistan army chief reminds two nation theory| what is the plan| Waqf Bill |Asim Munir| Jinnah

00:13:02
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2025 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2025 TFI Media Private Limited