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RITIKA· 2023

Question Q.2Highlight the key differences and explain why it is necessaryGS2GS2

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? (Answer in 150 words) 10 Marks

Open scan (p.3)

Main Body

Article 19 deals with freedom of speech and expression as a fundamental right, whereas Article 105 deals with as parliamentary privilege. Differences in speech & expression: Fundamental Right | Parliamentary Privilege ---|--- 1) Guarantees the individual's autonomy and political freedom. | 1) Guarantees the autonomy and efficiency of a legislator to discharge his/her authority. 2) Wider in its scope – inclusion of right to remain silent, right against tapping of telephone conversation etc. | 2) Narrower – only includes to free speech to ensure proper discharge of duties. 3) Not absolute – unreasonable restriction on grounds of security, defamation, contempt of court etc. | 3) Not absolute – as ruled by supreme court judgment.

4In case of breach, the aggrieved can approach the supreme court (Art 32) or high court (Art 226). 5) Not absolute – as ruled by supreme court judgment. Balance between Fundamental Rights and Parliamentary Privileges: 1) To ensure coherence between right of an individual and right of a legislator. 2) Efficient functioning of democratic parliament. 3) Prevention of arbitrariness between breach of parliamentary entitity privilege and FR's. Parliamentary privileges and FR's are integral to ensure a fair, free & effective democracy.
196 words1 paragraphs

Conclusion

Parliamentary privileges and FR's are integral to ensure a fair, free & effective democracy.

14 words

Topper

RITIKA

2023

Subject & Paper

GS2GS2

Topic

Parliament and State Legislatures - Structure, Functioning, Powers & Privileges

Powers and Privileges

Parliamentary Privilege and Fundamental Rights

Writing Stats

210

Total words

1

Paragraphs

formal and comparative

Tone