TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Yogi Govt Flattens Chhangur Baba’s Conversion Headquarters

    End of a Conversion Empire: Yogi’s Bulldozers Level Maulana Jalaluddin’s ₹3-Crore Mansion

    Bihar CM Nitish Kumar Rolls Out 35% Reservation for Women in Govt Jobs

    Ahead of Elections, Bihar CM Nitish Kumar Rolls Out 35% Reservation for Women in Govt Jobs

    Custodial Death of Temple Guard Confirmed

    Judicial Probe Confirms Custodial Death of Temple Guard Ajith Kumar; DMK Government Faces Heat

    AIADMK's Roadshow Begins Amid High Stakes

    AIADMK Eyes Bigger Alliance With BJP Ahead of 2026 Tamil Nadu Elections

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Indian-Origin Tesla CFO Vaibhav Taneja Appointed Treasurer of Elon Musk’s 'America Party'

    Indian-Origin Tesla CFO Vaibhav Taneja Selected Treasurer of Elon Musk’s ‘America Party’

    India’s Forex Reserves Surge Past $700 Billion

    India’s Forex Reserves Surge Past $700 Billion, Close to All-Time Record

    Why GST Search Is Essential For Compliance In Modern Enterprises

    Why GST Search Is Essential For Compliance In Modern Enterprises

    Improving Communication and Collaboration in Distributed Teams: Strategies for Indian Business Analysts

    Improving Communication and Collaboration in Distributed Teams: Strategies for Indian Business Analysts

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Major Arms Seizure in Manipur Hill Districts

    Amid Ongoing Tensions, Security Operation Yields Major Arms Seizure in Manipur Hill Districts

    military reveals china-pakistan-turkey nexus during operation sindoor

    One Border, Three Adversaries: Indian Army Blasts China-Pakistan-Turkey Axis in Operation Sindoor

    INS Tamal marks the end of import of Indian Warships

    INS Tamal Marks End of Warship Imports as India Sets Sail on Atmanirbhar Bharat Path

    UK’s 5th-Gen F-35B Jet Grounded in Kerala Set to Be Airlifted After Weeks of Uncertainty

    UK’s 5th-Gen F-35B Jet Grounded in Kerala Set to Be Airlifted After Weeks of Uncertainty

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Five-Nation Tour: Modi to Visit Namibia, First Indian PM in 30 Years

    Five-Nation Tour: Modi to Visit Namibia, First Indian PM in 30 Years to Boost Mineral, Energy, and Digital Ties

    PM Modi Arrives in Brasilia, 4 Major India-Brazil Deals on Agenda

    PM Modi Arrives In Brasilia, Set for Strategic Talks and 4 Key MoUs

    Netanyahu Nominates Trump for Nobel Peace Prize, Calls It ‘Well Deserved’

    Netanyahu Nominates Trump for Nobel Peace Prize, Calls It ‘Well Deserved’

    Pattern of Targeted Attacks on Hindu Temples

    Rising Hate in Bangladesh: Hindu Temple in Barisal Ravaged, Idols of Deities Broken

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    The Beginning of Devotion: History of the First Kanwar Yatra

    The Beginning of Devotion: History of the First Kanwar Yatra 

    Kanwar Yatra: Four Devotional Paths, One Divine Destination

    Kanwar Yatra: Four Devotional Paths, One Divine Destination

    char dham yatra suspended due to bad weather

    Uttarakhand Suspends Char Dham Yatra Due to Adverse Weather, Prioritizes Pilgrim Safety

    Sanatan Mahakumbh Event Scheduled at Patna’s Gandhi Maidan

    Sanatan Mahakumbh Event Scheduled at Patna’s Gandhi Maidan on July 6

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    say no to alcohol for 6 months

    How Quitting Alcohol for 6 Months Can Transform Your Health

    Mental Wellness Rituals to Stay Calm, Focused, and Balanced

    Mental Wellness Rituals to Stay Calm, Focused, and Balanced

    India's Tour of Bangladesh Likely Postponed Amid Political Unrest

    India’s Tour of Bangladesh Likely Postponed Amid Political Unrest

    What Is The Best Way To Bet On Tennis?

    What Is The Best Way To Bet On Tennis?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Yogi Govt Flattens Chhangur Baba’s Conversion Headquarters

    End of a Conversion Empire: Yogi’s Bulldozers Level Maulana Jalaluddin’s ₹3-Crore Mansion

    Bihar CM Nitish Kumar Rolls Out 35% Reservation for Women in Govt Jobs

    Ahead of Elections, Bihar CM Nitish Kumar Rolls Out 35% Reservation for Women in Govt Jobs

    Custodial Death of Temple Guard Confirmed

    Judicial Probe Confirms Custodial Death of Temple Guard Ajith Kumar; DMK Government Faces Heat

    AIADMK's Roadshow Begins Amid High Stakes

    AIADMK Eyes Bigger Alliance With BJP Ahead of 2026 Tamil Nadu Elections

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Indian-Origin Tesla CFO Vaibhav Taneja Appointed Treasurer of Elon Musk’s 'America Party'

    Indian-Origin Tesla CFO Vaibhav Taneja Selected Treasurer of Elon Musk’s ‘America Party’

    India’s Forex Reserves Surge Past $700 Billion

    India’s Forex Reserves Surge Past $700 Billion, Close to All-Time Record

    Why GST Search Is Essential For Compliance In Modern Enterprises

    Why GST Search Is Essential For Compliance In Modern Enterprises

    Improving Communication and Collaboration in Distributed Teams: Strategies for Indian Business Analysts

    Improving Communication and Collaboration in Distributed Teams: Strategies for Indian Business Analysts

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Major Arms Seizure in Manipur Hill Districts

    Amid Ongoing Tensions, Security Operation Yields Major Arms Seizure in Manipur Hill Districts

    military reveals china-pakistan-turkey nexus during operation sindoor

    One Border, Three Adversaries: Indian Army Blasts China-Pakistan-Turkey Axis in Operation Sindoor

    INS Tamal marks the end of import of Indian Warships

    INS Tamal Marks End of Warship Imports as India Sets Sail on Atmanirbhar Bharat Path

    UK’s 5th-Gen F-35B Jet Grounded in Kerala Set to Be Airlifted After Weeks of Uncertainty

    UK’s 5th-Gen F-35B Jet Grounded in Kerala Set to Be Airlifted After Weeks of Uncertainty

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Five-Nation Tour: Modi to Visit Namibia, First Indian PM in 30 Years

    Five-Nation Tour: Modi to Visit Namibia, First Indian PM in 30 Years to Boost Mineral, Energy, and Digital Ties

    PM Modi Arrives in Brasilia, 4 Major India-Brazil Deals on Agenda

    PM Modi Arrives In Brasilia, Set for Strategic Talks and 4 Key MoUs

    Netanyahu Nominates Trump for Nobel Peace Prize, Calls It ‘Well Deserved’

    Netanyahu Nominates Trump for Nobel Peace Prize, Calls It ‘Well Deserved’

    Pattern of Targeted Attacks on Hindu Temples

    Rising Hate in Bangladesh: Hindu Temple in Barisal Ravaged, Idols of Deities Broken

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    The Beginning of Devotion: History of the First Kanwar Yatra

    The Beginning of Devotion: History of the First Kanwar Yatra 

    Kanwar Yatra: Four Devotional Paths, One Divine Destination

    Kanwar Yatra: Four Devotional Paths, One Divine Destination

    char dham yatra suspended due to bad weather

    Uttarakhand Suspends Char Dham Yatra Due to Adverse Weather, Prioritizes Pilgrim Safety

    Sanatan Mahakumbh Event Scheduled at Patna’s Gandhi Maidan

    Sanatan Mahakumbh Event Scheduled at Patna’s Gandhi Maidan on July 6

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    say no to alcohol for 6 months

    How Quitting Alcohol for 6 Months Can Transform Your Health

    Mental Wellness Rituals to Stay Calm, Focused, and Balanced

    Mental Wellness Rituals to Stay Calm, Focused, and Balanced

    India's Tour of Bangladesh Likely Postponed Amid Political Unrest

    India’s Tour of Bangladesh Likely Postponed Amid Political Unrest

    What Is The Best Way To Bet On Tennis?

    What Is The Best Way To Bet On Tennis?

    • 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

Probe Panel Gives Go-Ahead for Justice Yashwant Varma’s Impeachment

Delhi High Court Affirms Dismissal of Christian Army Officer for Refusing to Join Weekly Regimental Religious Parades

Government Likely to Move Impeachment Motion Against Justice Varma in Monsoon Session

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

Custodial Death of Temple Guard Confirmed
Crime

Judicial Probe Confirms Custodial Death of Temple Guard Ajith Kumar; DMK Government Faces Heat

8 July 2025

A judicial probe supervised by the Madras High Court has confirmed that 27-year-old Ajith Kumar, a temple guard in...

CBFC Can't Dictate Film Names: Kerala HC Backs Suresh Gopi's Film
Law

CBFC Can’t Dictate Film Names: Kerala HC Backs Suresh Gopi’s Film

1 July 2025

A Malayalam film starring Union Minister Suresh Gopi has sparked a legal and cultural controversy after the Central Board...

Kerala High Court Judge Calls for Law to Regulate Social Media Remarks on Judiciary
Law

Kerala High Court Judge Calls for Law to Regulate Social Media Remarks on Judiciary

28 June 2025

Kerala High Court judge Justice PB Suresh Kumar has called for a new law to regulate social media comments...

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

Siddaramaiah Sparks Vaccine Theory to Hide Congress Chaos?

Siddaramaiah Sparks Vaccine Theory to Hide Congress Chaos?

00:09:21

Murugan Wave Rattles INDIA Bloc, Triggers Reactionary Meet in Madurai

00:08:10

Rage on stage: why a police officer resigned quit after CM's outburst

00:03:40

Right to religion vs duty to identify: where should India draw the line?

00:04:34

Junior Kharge Calls to Ban RSS Amid Karnataka Congress Civil War!

00:10:02
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