Highlight the key differences in the scope of Freedom of speech and expression as provided under Parliamentary privileges vis a vis Fundamental rights. Why is it necessary to maintain a balance between parliamentary privilege and fundamental rights?
Main Body
Freedom of SPEECH as per Article 19 & 4 Parliament privileges in Article 105 & 194 provide RIGHT to SPEECH distinctively. DISTINCTION: - ARTICLE 19: ARTICLE 105 & 194 - PEOPLE: CITIZENS, MAs & MLAs in Assembly parliament - PLACE: everywhere, during House, duty procedure - Purpose: HUMAN right, NATURAL right, for formulating LAW, dissent - USE: for knowing & CIRCULATING opinion, for formulation LEGISLATION (WIDER disseminate) LIMITATION 19(2): no absolute right ex: recent expanding to ensure SPEECH does no HARM principle to BALANCE, Avoid SEDITION & has CRIME whereas, SPEECH can lead to PUBLIC order & policy issue morality issues. Hence, GOLDEN Balance with TEST of FAIRNESS & progressiveness is CRUCIAL as per Supreme Court
LIMITATION 19(2) no absolute right ex: recent expanding to ensure SPEECH does no HARM principle to BALANCE, Avoid SEDITION & has CRIME whereas SPEECH can lead to PUBLIC order & policy issue morality issues. Hence, GOLDEN Balance with TEST of FAIRNESS & progressiveness is CRUCIAL as per Supreme Court
K N Chandana Jahnavi
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Freedom of Speech and Expression
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