Highlight the key differences in the scope of freedom of speech and expression as provided under Parliamentary privileges vis-à-vis parliamentary privilege and fundamental rights. Why is it necessary to maintain a balance between parliamentary privilege and fundamental rights?
Main Body
Parliamentary privileges come under Article 105 while freedom of speech and expression under constitution provided in Article 19(1)a. Differences in the scope of freedom of speech & expression: As Parliamentary Privileges: (1) Protection from courts' action under Article 1&2. (2) Rightea to punish for contempt (Article 105). (3) No liabilities under Article 19(1a) except for speakers action.
As fundamental right: (1) Restrictions under Article 19(1)b by public order, sovereignty, power of courts to restrict under reasonable restrictions. Necessary to balance between parliamentary privileges and fundamental rights: (1) to ensure equality among all. (Article 21 reasonable) (2) restricting parliament's use of hate comments. (3) unnecessary use of contempt of Parliament must be deducted.
Conclusion
Supreme court in MSM lao case held that there should be balance between the two.
15 words
Nausheen
Parliament and State Legislatures - Structure, Functioning, Powers & Privileges
Powers and Privileges
Parliamentary Privileges and Fundamental Rights
127
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1
Paragraphs
formal
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