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.
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.
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.
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.
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Prastuti Upadhaya
Parliament and State Legislatures - Structure, Functioning, Powers & Privileges
Powers and Privileges
Parliamentary privileges
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