Question

From where can a member of parliament claim immunity?

Answer 1

Parliament of India have some privileges under which a member can be immune under any circumstances. The two types of Privileges are as follows:

Collective Privileges &  Individual Privilege.

Under collective Privilege a member of parliament cannot be arrested in within the house premises until passed by presiding officer's order.

Under  Individual Privilege a member of parliament is free from arrest during any kind of civil cases but criminal cases.

Answer 2

The Members of the Parliament can claim immunity under the Clause (2) and Clause (3) of the Article 105.

According to these clauses, 

1. An MP is exempt from getting arrested when the Parliamentary session is on and without the permission of the party to which the MP belongs to. However, they can be arrested outside the house under the charge of criminal cases like POTA etc.

2. The MP's have a freedom of speech and no action or discrimination shall take place on them outside the house for expressing their views.

3. They also have the freedom from attendance for being a witness.