To enable parliament to ensure as efficient chamber of debate, discussion and deliberation, parliamentarians are allowed to have certain privileges. On such privilege is freedom of speech in parliament (Article 105).
Introduction
To enable parliament to ensure as efficient chamber of debate, discussion and deliberation, parliamentarians are allowed to have certain privileges. On such privilege is freedom of speech in parliament (Article 105).
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Main Body
Difference in scope of 105 vis-a-vis Article 19 (freedom of speech):
Article 19 - Available to all citizens
Article 105 - Available to only parliamentarian
Any such privilege is freedom of speech in parliament (Article 105).
Can not be punished by court of own law.
Balance between Article 19 and Privileges:
Many times privileges involve upon undamental rights; which is an affront on the dignity of the individual.
Following example of other democracies like US, there is agreed to adopt privilege to harmonize them with Article 19.
Conclusion
Following example of other democracies like US, there is agreed to adopt privilege to harmonize them with Article 19.
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- Clearly distinguishes Article 105 from Article 19
- Identifies core issues with parliamentary privileges
Anshul
Parliament and State Legislatures - Structure, Functioning, Powers & Privileges
Parliamentary Privileges
Freedom of Speech in Parliament (Article 105) vs Article 19
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