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
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.
Conclusion
Parliamentary privileges and FR's are integral to ensure a fair, free & effective democracy.
14 words
RITIKA
Parliament and State Legislatures - Structure, Functioning, Powers & Privileges
Powers and Privileges
Parliamentary Privilege and Fundamental Rights
210
Total words
1
Paragraphs
formal and comparative
Tone