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Constitutional Safeguards For Legislators: A Closer Look At Legislative Privileges


 


Ayushi Srivastava, Pratibha Patel & Shaikh Farheen


ABSTRACT


Parliamentary privileges are special rights, immunities and exemptions enjoyed by the members of the Parliament and their committees. Under these privileges, the members of Parliament are exempted from any civil liability (but not criminal liability) for any statement made or act done in the course of their duties. At the heart of legislative privileges lies the need to protect lawmakers from being hindered by others while performing their crucial functions. This protection primarily shields them from unwarranted interference from the executive, judiciary, and individuals outside the legislature. This article aims to highlights the meaning of legislative privileges along with the detailed analysis with respect to the evolution of this aspect in India. The authors further traces the key notes of the legislative privileges as enshrined under the Constitution of India along with discussing the relation between these privileges and fundamental rights. A comparative aspect with the countries like UK and USA helps to understand the contemporary challenges and relevancy of these privileges.


Keywords: Parliament, Liability, Immunity, Legislature, Rights, Freedom etc




Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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