An Examination Concerning The Constitutional Validity Of Parliamentary Privileges

An Examination Concerning The Constitutional Validity Of Parliamentary Privileges Within The Indian Constitution

Virendra Pratap Singh Rathod, B.A.LL.B (Hons.), University of Petroleum and Energy Studies

ABSTRACT

The following article seeks to examine and ascertain the notion of Parliamentary privileges existing within the Indian Constitution and evaluate their constitutionality via an analysis of the same in relation to the Fundamental Rights enshrined within the said Constitution. In this regard, there is a brief description of the various privileges conferred upon the Indian Parliament and State Legislative Assemblies, respectively, by the Indian Constitution, to begin with. This is followed by an exploration of the genesis of said privileges concerning pre-colonial, colonial, and post-colonial Indian history and society. Succeeding the aforementioned exploration is an examination of the extent of congruence between Parliamentary privileges and the Indian Constitution from a jurisprudential perspective, seeking to ascertain and garner, a measure of the constitutional validity of the former within the overarching structure of Constitutional spirit. The final section of the article suggests reformative measures which may be employed to more equitably harmonize the utility of the Parliamentary privileges with the spirit of the Constitution.

Keywords: Parliamentary privileges, Indian Constitution, pre-colonial, colonial, post-colonial, constitutional validity, harmonize.