{"id":226943,"date":"2023-02-17T06:56:49","date_gmt":"2023-02-17T01:26:49","guid":{"rendered":"https:\/\/blog.forumias.com\/?page_id=226943"},"modified":"2023-02-17T06:56:49","modified_gmt":"2023-02-17T01:26:49","slug":"answered-discuss-the-relevance-of-the-right-to-speak-with-parliamentary-privileges-given-by-the-constitution-of-india-also-highlight-the-judicial-stand-on-these-rights","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/answered-discuss-the-relevance-of-the-right-to-speak-with-parliamentary-privileges-given-by-the-constitution-of-india-also-highlight-the-judicial-stand-on-these-rights\/","title":{"rendered":"[Answered] Discuss the Relevance of the Right to Speak with Parliamentary Privileges given by the constitution of India. Also, highlight the judicial stand on these rights."},"content":{"rendered":"<table>\n<tbody>\n<tr>\n<td width=\"616\"><strong>Introduction:<\/strong> Contextual introduction.<br \/>\n<strong>Body:\u00a0<\/strong>Explain the relevance of the Right to Speak with Parliamentary Privileges given by the constitution of India. Also write judicial stand on these rights.<br \/>\n<strong>Conclusion<\/strong>: Write a way forward.<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p><strong>Article 105<\/strong> of the Constitution deals with powers, privileges, etc of the Houses of Parliament and of the members and committees. Members of Parliament are <strong>exempted from any legal action<\/strong> for any statement made or act done in the course of their duties. This immunity extends to certain non-members as well, such as the Attorney General for India or a Minister who may not be a member but speaks in the House.<\/p>\n<p><strong>Relevance of the Right to Speak with Parliamentary Privileges:<\/strong><\/p>\n<ul>\n<li>It assists in <strong>ensuring the efficacy<\/strong> of the activities done by legislators and their independence, shielding them from unwarranted criticism.<\/li>\n<li>It aids in <strong>upholding the members of parliament\u2019s dignity<\/strong>, authority. It also honour and protects them from any interference with their ability to carry out their duties in the house.<\/li>\n<li>The free speech of legislators protects the\u00a0<strong>integrity of discussions<\/strong>in Parliament and acts as a shield against the suppression by the executive.<\/li>\n<li>Further,\u00a0<strong>Freedom of expression<\/strong>is regarded as the foundation of a\u00a0<strong>liberal democracy<\/strong>\u00a0and imposing unfair restrictions on legislators will hamper this foundation.<\/li>\n<\/ul>\n<h3><strong>Judicial stand on these rights:<\/strong><\/h3>\n<ul>\n<li>In the 1970 ruling in \u2018Tej Kiran Jain v N Sanjiva Reddy\u2019, the Supreme Court ruled that <strong>\u201cthe word \u201canything\u201d<\/strong> in Article 105 is of the widest import and is <strong>equivalent to \u2018everything\u2019.<\/strong><\/li>\n<li>In \u2018P V Narasimha Rao case (1998) a five-judge Bench of the apex court ruled that the ordinary law would not apply to the acceptance of a bribe by an MP in case of parliamentary proceedings. The court interpreted Article 105(2) and said that it <strong>protects MPs against proceedings in court related to anything said or a vote given in the Parliament.<\/strong><\/li>\n<li>The Court said that it will \u201c<strong>enable members to participate fearlessly<\/strong> in Parliamentary debates\u201d and that these members need the wider protection of immunity against all civil and criminal proceedings that bear a nexus to their speech or vote.<\/li>\n<\/ul>\n<p>The responsibility to improve politics and bring an ecosystem that discourages irresponsible speech and corruption lies with the citizens more than with the laws. Constitutional safeguards exist to ensure the\u00a0<strong>structural integrity of political democracy.<\/strong>\u00a0Therefore, using these laws to correct political problems is not the solution.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Introduction: Contextual introduction. Body:\u00a0Explain the relevance of the Right to Speak with Parliamentary Privileges given by the constitution of India. Also write judicial stand on these rights. Conclusion: Write a way forward. Article 105 of the Constitution deals with powers, privileges, etc of the Houses of Parliament and of the members and committees. Members of&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/answered-discuss-the-relevance-of-the-right-to-speak-with-parliamentary-privileges-given-by-the-constitution-of-india-also-highlight-the-judicial-stand-on-these-rights\/\">Continue reading <span class=\"screen-reader-text\">[Answered] Discuss the Relevance of the Right to Speak with Parliamentary Privileges given by the constitution of India. Also, highlight the judicial stand on these rights.<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-226943","page","type-page","status-publish","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/226943","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=226943"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/226943\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=226943"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}