Legislative Privileges and Fundamental Rights in Supreme Court
Source:Indian Express ↗
কেন এটি গুরুত্বপূর্ণ
Crucial for understanding the constitutional limits of legislative privileges, parliamentary immunity, freedom of speech, and the principle of checks and balances between the legislature and the judiciary in India.
সারসংক্ষেপ
An analysis of the Supreme Court proceedings examining the extent of legislative privileges under Articles 105 and 194 of the Constitution vis-a-vis fundamental rights like freedom of speech, addressing the delicate balance between parliamentary immunity and judicial accountability.
মূল বিষয়
- The Supreme Court examines the interplay between legislative privileges (Articles 105 and 194) and fundamental rights, particularly freedom of speech and expression (Article 19).
- The core issue revolves around whether constitutional privileges granted to lawmakers can override fundamental rights or shield illegal acts such as bribery and corruption from judicial scrutiny.
- Historical context includes landmark rulings like the PV Narasimha Rao case and subsequent benches evaluating legislative immunity.
- The debate highlights the tension between legislative autonomy and accountability under the rule of law.
গুরুত্বপূর্ণ শব্দ
Article 105
Constitutional provision outlining the powers, privileges, and immunities of Parliament and its members, notably guaranteeing freedom of speech within the House and immunity from court proceedings for legislative statements.
UPSC context
UPSC GS Paper II (Indian Polity): Tests understanding of parliamentary privileges, legislative immunities, and the separation of powers.
Article 194
Constitutional provision mirroring Article 105, granting analogous powers, privileges, and immunities to State Legislatures and their members.
UPSC context
UPSC GS Paper II (Indian Polity): Evaluates federal dynamics, state legislative accountability, and the limits of legislative privileges versus fundamental rights.
Article 19
Part III provision guaranteeing fundamental freedoms to citizens, including freedom of speech and expression under Article 19(1)(a) subject to reasonable restrictions under Article 19(2).
UPSC context
UPSC GS Paper II (Indian Polity / Fundamental Rights): Frequently examined in judicial balancing acts between civil liberties and state or legislative immunities.
সংযুক্ত স্থির ধারণা
What are the constitutional provisions governing parliamentary privileges and their relation to fundamental rights in India?
- Articles 105 & 194: Article 105 deals with powers, privileges, and immunities of Parliament and its members, while Article 194 covers State Legislatures.
- Constitutional Limits: Privileges are subject to other provisions of the Constitution, including Fundamental Rights like Article 19 and Article 21, as settled by the 7-judge bench ruling.
- Bribery Exception: Lawmakers have immunity from court proceedings for anything said or any vote given in Parliament, but this does not extend to taking bribes for votes/speeches.
আন্তঃবিষয় প্যাটার্ন
Legislative Privileges vs. Prevention of Corruption Act
Legislative immunity and corruption cases directly intersect with the Prevention of Corruption Act and the scope of judicial review over executive and legislative actions under the Basic Structure doctrine.
Expect a statement-based prelims question on whether Articles 105/194 immunities are absolute or subject to fundamental rights and criminal law.
সংযুক্ত PYQ · 2
সংযুক্ত PYQ · 2
- 2014MainsGS2
The 'Powers, Privileges and Immunities of Parliament and its Members' as envisaged in Article 105 of the Constitution leave room for a large number of un-codified and un-enumerated privileges to continue. Assess the reasons for the absence of legal codification of the 'parliamentary privileges'. How can this problem be addressed ?
- 2017MainsGS2
Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy.
