Critical Case Analysis Of State Of Kerala V. K Ajith

Vandan Pareek & Rishi Bhalerao, Symbiosis Law School, Hyderabad

Introduction:

Legislators across the world are bestowed with parliamentary privileges, which are extraordinary powers or benefits. As a result, the legislatures and their members have specific advantages that allow them to operate efficiently in the majority of democratic nations. Although privilege is incorporated into the law of the nation, it is, in some ways, an exception to the general law. Saying that privilege is to Parliament what prerogative is to the Crown would not be incorrect. The House of Parliament can exercise privileges without assistance or interference from the courts, just as the Crown is free to exercise its prerogatives without support from Parliament or the judiciary. Parliamentary privileges refer to the rights and privileges that the Rajya Sabha and Lok Sabha have in India.

The Charter Act of 18331 led to the addition of a fourth member to the governor-general's council, which is when India's parliamentary rights began. A brand-new kind of legislative apparatus emerged. This established the framework for an organisation that gradually developed into a complete legislative body. Free expression in the legislature was guaranteed under the Government of India Act of 1935. Articles 1942 and 2123 of the Indian Constitution pertain to the states, whereas Articles 1054 and 1225 deal primarily with the powers of Parliament.