Section 18 of The Government of National Capital Territory of Delhi Act, 1991 in hindi
Powers, privileges, etc., of members.
- (1)Subject to the provisions of this Act and to the rules and standing orders regulating the procedure of the Legislative Assembly, there shall be freedom of speech in the Legislative Assembly.
- (2)No member of the Legislative Assembly shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Assembly or any committee thereof and no person shall be so liable in respect of the publication by or under the authority of such Assembly of any report, paper, votes or proceedings.
- (3)In other respects, the powers, privileges and immunities of the Legislative Assembly and of the members and the committees thereof shall be such as are for the time being enjoyed by the House of the People and its members and committees.
- (4)The provisions of sub-sections (1), (2) and (3) shall apply in relation to persons who by virtue of this Act have the right to speak in, and otherwise to take part in the proceedings of, the Legislative Assembly or any committee thereof as they apply in relation to members of that Assembly.
Summary
- There is freedom of speech in the Delhi Legislative Assembly, subject to this Act and the Assembly's own rules of procedure.
- No member of the Assembly can be prosecuted or sued in any court for anything they say or any vote they cast in the Assembly or its committees.
- No person can be held liable in court for publishing reports, papers, votes, or proceedings under the authority of the Assembly.
- All other powers, privileges, and immunities not specified in this Act are the same as those of the House of the People (the Lok Sabha) and its members and committees.
- These rights and immunities also apply to non-members who have the right to speak or participate in Assembly or committee proceedings under this Act.
Practical examples
FAQ
1. Is the freedom of speech in the Delhi Legislative Assembly absolute?
No, the freedom of speech is subject to the provisions of this Act and the rules and standing orders that regulate the procedure of the Assembly.
2. Does the legal protection cover people who publish official Assembly reports?
Yes, no person can be held liable in court for publishing any report, paper, votes, or proceedings if it is done by or under the authority of the Assembly.
3. What are the other privileges and immunities of the Delhi Assembly?
In all other respects, they are the same as those enjoyed by the House of the People (the Lok Sabha, which is the lower house of India's Parliament) and its members and committees.
4. Do these privileges apply to non-members?
Yes, they apply to any person who, under this Act, has the right to speak in and otherwise take part in the proceedings of the Assembly or its committees, such as Ministers.
Test yourself
Q1.Under Section 18 of The Government of National Capital Territory of Delhi Act, 1991, whom are the other unspecified powers, privileges, and immunities modeled after?
Q2.Under Section 18 of The Government of National Capital Territory of Delhi Act, 1991, which of the following is protected from legal proceedings in court?
Q3.Under Section 18 of The Government of National Capital Territory of Delhi Act, 1991, who else besides elected members of the Delhi Assembly receives the protection of speech and immunities?
Q4.Under Section 18 of The Government of National Capital Territory of Delhi Act, 1991, what is the status of the freedom of speech inside the Assembly?