Privilege - Definition - Law Dictionary Home Dictionary Definition privilege

Definition :

Privilege, a privilege is the opposite of a duty, and the correlative of 'no-right', Isha Valimohamad v. Haji Gulam Mohamad and Haji Dada Trust, AIR 1974 SC 2061 (2065): (1974) 2 SCC 484: (1975) 1 SCR 720. [Bombay Rents Hotels and Lodging House Rates (Control) Act, 1947 s. 51(1)(ii)]

An exceptional or advantage; an exemption from some duty, or attendance, to which certain persons are entitled, from a supposition of law, that the stations they fill or the offices they are engaged in, are such as require all their care; and that, therefore, without this indulgence, it would be impracticable to execute such offices so advantageously as the public good requires.

The separate privileges of either House of Parlia-ment are extensive, but they are at the same time uncertain and indefinite. Amongst those privileges are, the power of committing persons to prison; the power of publishing matters which, if not issuing from such high authority, might become the subject of proceedings in a Court of law; the power of directing the Attorney-General to prosecute persons accused of offences against the law or affecting the privilege of Parliament; and finally, a power vested in each House, respectively of doing anything not directly contravening an Act of Parliament which may be necessary for the vindication or protection of itself in the exercise of its own constitutional functions. In the daily proceedings of Parliament questions of privilege take precedence of all other business.

The privileges of individual members of Parliament are, freedom of speech and person, including freedom from arrest and seizures, under process from the courts of justice; this, however, does not extend to indictable offences, to actual contempts of the courts of justice, or to proceedings in bank-ruptcy. Members of Parliament are exempt from serving the office of sheriff, from obeying subp'nas, and serving on juries. 'Privilege of Parliament' continues to peers at all times, and to commoners for a 'convenient' time after prorogation and dissolution. Peers are exempt from attending courts-leet or the posse comitatus; when arraigned for any criminal offence it must be before their peers, who return a verdict, not upon oath, but upon honour; they have the privilege of sitting covered in courts of justice.

Barristers are privileged from arrest, eundo, morando et redeundo, going to coming from, and abiding in court--this includes judge's chambers; so clergymen as to divine service. See also the following titles and DISTRESS; LIBEL.

The word privilege is sufficiently wide to include an immunity, Mohanlal Jain v. His Highness Maharaja Shri Sawai Man Singh Ji, AIR 1962 SC 73 (75, 76): (1962) 1 SCJ 641: (1962) 1 SCR 702. (Constitution of India, Art. 362)

It is a right, advantage, favour or immunity granted to some person, group of persons or class not enjoyed by others and sometimes detrimental to them, Webster American Dictionary, p. 1160.

It is a special right, advantage or benefit conferred on a particular person. It is a peculiar advantage or favour granted to one person as against another to do certain acts, Raja Ram Pal v. Hon'ble Speaker, Lok Sabha, (2007) 3 SCC 184.

Means the licence or permit granted by the state, State of Orissa v. Narain Prasad, 1996 (5) SCC O 740 (758).