Parliamentary privileges are fundamental for lawmakers to discharge their duties without undue influence. How important is the responsible exercise of these privileges in crucial for fostering public trust and ensuring the accountability of public institutions. Analyse.
Main Body
Article 105 and 194 provides for the basis of parliamentary privileges. India adopted UK's convention on parliamentary privileges (Right to Free Speech & publication) to ensure Separation of Power. SIGNIFICANCE OF PARLIAMENTARY PRIVILEGES: 1) [Separation of Power] is ensured by restricting Judicial inquiry into parliamentary functioning (Article 122) 2) [Free Speech] on the floor of house enable legislators to write the concerns of their constituency. 3) [Pursuing for the Contempt of House] act as deterrent force against
Spread of false information & Scandalization 4) Privileges for members of house allow their effective participation and attendance in the house. Ex Rights to deny against summoners 5) [Speaker] independence allows for critical debates in floor of house. However, parliamentary privileges suffer from various challenges to democratic spirit. 1) [Against Constitutionalism] because of high discretion and vested powers. 2) [Conflict of Interest] where house even cannot judge in their own case. 3) [Chilling effect on Media] by inactivity enquire. Ex The Hindu case in Tamil Nadu Assembly. 4) [Checks & Balance] is eroded as the
parliament exercise huge discretion. 5) [Fundamental rights] of others are violated. Ex Karnataka Assembly case against journalists. NCDRC called for codification of privileges. Independent Tribunals need to be constituted for every Acts breach of privilege. [Article 19(2)] need to be amended for live with parliamentary privileges. Hence, parliamentary privileges should be guided by [Spirit of Democracy] and [Spirit of Constitutionalism] limited powers to truly embody the [CULTURE OF DEMOCRACY] in India.
Conclusion
Hence, parliamentary privileges should be guided by Spirit of Democracy and Spirit of Constitutionalism limited powers to truly embody the CULTURE OF DEMOCRACY in India.
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Diagram
Steps required for codification of privileges - NCRDRC called for codification, Independent Tribunals needed, Article 19(2) amendment required
WASIM-UR-RAHMAN
Parliament and State Legislatures - Structure, Functioning, Powers & Privileges
Powers and Privileges
Parliamentary Privileges and their Significance
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analytical
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