Manasvi Agarwal, LLM, Gujarat National Law University, Gandhinagar
ABSTRACT
This article explores the impact of parliamentary privilege on democratic governance, focusing on India, Australia, and the UK. It emphasizes the central role of parliament in representative democracies and traces the evolution of privileges from the British system to the present. Nuanced differences in the application of parliamentary privileges in the three jurisdictions are highlighted, with a specific concern for the diminishing quality of parliamentary discussions in India.
The study delves into conflicts between parliamentary privileges and fundamental rights, pointing to conflicting Supreme Court judgments in India that contribute to ongoing ambiguity. Recommendations include drawing lessons from Australia's codification of privileges and the UK's internal accountability mechanisms. The article advocates for a comprehensive legislative framework in India, proposing the codification of privileges, establishment of internal accountability mechanisms, and a defined judicial role to align privileges with democratic norms. The article calls for proactive measures in India to address existing legislative gaps, ensuring a transparent, accountable, and robust parliamentary system in harmony with democratic principles.
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