PU

Prastuti UpadhayaAIR 84· 2024

Question Q.14GS2GS2

Parliamentary privileges are fundamental for lawmakers to discharge their duties without undue influence. However, ensuring the responsible exercise of these privileges is crucial for fostering public trust and ensuring the accountability of public institutions. Analyse.

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Main Body

Article 105 of the constitution provides basis for parliamentary privilege of law-makers. These are sourced from constitutional provisions, rules of procedure of the houses & parliamentary convention. FUNDAMENTAL FOR LAWMAKERS (1) Freedom of speech is ensured in parliament & allows for complete discussions on important matters. (2) Allows parliament to maintain decency and prevent publishing of some discussion deemed confidential.

3Prevention of arrests of MPs & MLAs during the session of Parliament allows for unimpeded functioning of parliament. (4) Allows easier focus on lawmaking and legislation rather than other issues. ISSUES (1) Misuse of privileges to promote corrupt activities eg Cash-for-query scam. (2) Protects MPs from civilian/criminal prosecution in many cases which opposes equality for all under article 14. (3) Bill Speaker's powers to prevent publishing of some part of proceeding is against spirit of transparent democracy & spirit of transparent democracy. Ensuring Accountability (1) Codification of privilygs can help prevent misuse eg U.K. (2) Empowering Ethics Committee eg Cash-for-query case is good example. (3) Penal reasons for preventing publication of procedure can be demanded under RTI. Hence, parliamentary privileges highlight the 'principle of double effect' which helps allow for bad side effects due to utility of the feature for discharge.

produces chilling effect. (4) Misuse of power to punish can cause clashes between legislature & other organs like judiciary clue to being against separation of powers eg Keshan Singh case of UP Assembly and Allahabad High Court. Ensuring Accountability (1) Codification of privilygs can help prevent misuse eg U.K. (2) Empowering Ethics Committee eg Cash-for-query case is good example. (3) Penal reasons for preventing publication of procedure can be demanded under RTI. Hence, parliamentary privileges highlight the 'principle of double effect' which helps allow for bad side effects due to utility of the feature for discharge.

298 words1 paragraphs

Conclusion

Hence, parliamentary privileges highlight the 'principle of double effect' which helps allow for bad side effects due to utility of the feature for discharge.

24 words

Topper

Prastuti Upadhaya

AIR 842024MGP

Subject & Paper

GS2GS2

Topic

Parliament and State Legislatures - Structure, Functioning, Powers & Privileges

Powers and Privileges

Parliamentary privileges

Writing Stats

322

Total words

1

Paragraphs