Highlight the key differences in scope of freedom of speech & expression as provided under parliament. Why is it necessary to maintain a balance b/w PPR & RFA?
Introduction
Highlight the key differences in scope of freedom of speech & expression as provided under parliament.
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Main Body
By Article 105 & 194 provide for parliament. Bridges & Article 19 provide for freedom of speech & expression. Key Differences Article 105/194: 1) Both collective & individual rights of house & its members 2) To protect the dignity & sanctity of house & its members 3) It includes collective right - right to regulate ablurbing acts Article 19: 1) Mostly available to individual against state. But also to bodies like trade unions etc. 2) To protect the rights of citizens & allowing them to speech & express fully. It includes: - Right to speech & express - Right to exclude charges from gallery - Right to punish individual rights - Freedom to speak their minds - Exempt from jury service Content about providing: - Right to exclude charges from gallery - Right to Press - Right to convey others view - Right to remain silent - Right to information about govt activities etc.
maintaining balance (1) In M/S Sharma case: SC held that parliamentary privilege are above freedom of speech but there should be a balance between both. (2) To protect abuse of power (3) To uphold constitutionalism & allowing healthy debate & discussion in house. Power Corrupts & absolute power corrupts absolutely, so there needs to be a balance between both aspects.
Abhishek Singh
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Freedom of Speech and Expression
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