GS2 · 10 marks · 150 words

Highlight the key differences in the scope of Freedom of speech and expression as provided under Parliamentary privileges vis a vis Fundamental rights. Why is it necessary to maintain a balance between parliamentary privilege and fundamental rights?

Answered by 4 toppers · CSE 2023–2024

ParliamentFundamental RightsJudiciarySeparation of Powers

Syllabus: Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.

How toppers approached it

From all 5 answers · about 250 words · 20% drew a diagram.

Opening

  • No separate opening60%
  • A constitutional or legal provision40%

Body

  • Points and prose100%

Close

  • A way forward80%
  • No separate close20%

The toppers’ answers

NausheenAIR 9 · CSE 2023 · 78 wordsTheir whole copy

Opening · a constitutional or legal provision

Parliamentary privileges come under Article 105 while Freedom of speech and Expression under constitution provided in Article 19(1)(a).

Body · points and prose

Differences in the scope of freedom of speech & expression

Diagram
As Parliamentary privileges → (1) Protection from court's action under Article 122. (2) Rights to punish for contempt. (Article 105) (3) No limitations under Article 19(2) except for speaker's action.
Diagram
As Fundamental right → (1) Restrictions under Article 19(1)(2) [sic] → Public order, Sovereignty. (2) Power of courts to restrict under reasonable restrictions.

Necessary to balance between Parliamentary privileges and fundamental rights.

→ To ensure equality among all. (Article 21) (Preamble)

→ Restricting Parliamentarians use of hate comments.

→ Unnecessary use of contempt of Parliament must be restricted.

Close

Supreme court in MSM Rao case held that there should be balance between the two.

More on Parliament

Structure, functioning, conduct of business, powers, privileges and committees.

All GS2 questions on Parliament