Model Answers- Answer Writing Practice- Day 7

Day 7: Model Answers for Mains Questions posted on 8th July

1. Analyze the origin and position of various parliamentary privileges in India.

Parliamentary privileges are those rights and immunities which are bestowed on the members of the Union and State legislators for the efficient functioning of the Parliament and considering their roles and responsibilities in the polity. The Constitution describes such privileges under Articles 105 and 194 for Parliament and State Assemblies respectively.

Origin of Parliamentary Privileges

1. The concept of parliamentary privileges has been incorporated from the Westminster model of parliamentary governance.
2. The beginning of the indirect elections through Indian Council’s Act, 1909 laid the groundwork for these privileges.
3. The Government of India Act, 1935 also provided certain privileges such as the freedom of speech in the legislature.
4. The Rule No. 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook governs privileges of the legislature.   

Parliamentary Privileges  

1. The members of Parliament/State Legislature enjoy absolute freedom of speech and expression within the precincts of the House.
2. No member of the legislature shall be arrested in any civil case 40 days before and after the adjournment of the House and also when the House is in session.
3. It also means that no member can be arrested within the precincts of the Parliament without the permission of the Speaker of the House to which he/she belongs.
4. The members of Parliament/ assemblies also enjoy freedom from attendance as witnesses and jury service.
5. Parliament/Assembly can collectively prohibit the press to publish its proceedings, when needed.
6. The Parliament/Assembly shall also have the right to restrict the entry of any strangers within the precincts of the House.
7. The Parliament/Assembly has been given punitive powers to punish those who are judged guilty of contempt of the House.

Way Forward

These rights and immunities are provided to the members of each house of the parliament and the State legislature to secure the independence and effectiveness of the actions taken by them and to avoid any obstruction in their discharge of actions.

However, it has been realised that there is a need for codifying privileges and balancing the same with citizen’s right to free speech. Along with codification, there must be an added fiduciary duty upon the legislators to not misuse the privileges for any political gains.

2. Fundamental Rights are not empty promises but sacrosanct commitments of the founders of our Constitution. Elaborate on the nature of Part III of Constitution and conditions when it may be suspended.

Fundamental Rights (FRs) are those privileges which are the most essential privileges extended to all individuals in a State. The origin of the concept of FRs is assisted with the drafting of Magna Carta in England in 1215. It was laid down that there were certain rights of the subjects which could not be violated even by a legal sovereign. In India, Congress adopted a resolution in its Karachi session in March 1931 on Fundamental Rights.

The Fundamental Rights are the body of rights provided in the Part III of the Constitution under Articles 12-35.

Need for Fundamental Rights:

The main objective of the inclusion of FRs in the Constitution is to establish ‘a government of law and not of man’. The importance of FRs was emphasized by Justice Bhagwati in Maneka Gandhi v Union of India case in the following words:

“Fundamental Rights represent the basic values cherished by the people of this country since the vedic times and they are calculated to protect the dignity of the individual and create conditions in which every human being can develop his personality to the fullest extent.”

Nature of Fundamental Rights:

1. The FRs are regarded as limitations on the powers of state.
2. The FRs are individual rights and are enforceable against the state and not against individuals except right against untouchability, right against exploitation and right to personal liberty.
3. The Constitution does not formulate FRs in absolute terms. Every right is to be exercised subject to the limitations embodied in that very part itself.
4. However, some of the FRs are absolute. These rights are, right against untouchability, right against engaging children below 14 years of age in hazardous units and right to freedom of conscience.  

Suspension of Fundamental Rights:

The rights contained in Part III, can be curtailed or suspended in the following cases:

1. Under Article 33, Parliament may be law restrict or abrogate any of the FRs in their FRs in their application to the members of the Armed Forces or Forces charged with maintenance of public order.
2. Article 34 authorizes Parliament to make law to grant immunity in respect of acts done by any person during the operation of martial law in the country.

Article 358 provides that when the proclamation of emergency is made by the President under Article 352, the freedom guaranteed by Article 19 are automatically suspended for the period of emergency. Article 359 further empowers the President to suspend the right to move any court for the enforcement of FRs (except Article 20 & 21) during the continuance of emergency.