A Privileged Legislature or a Weapon to stifle the Voice of the Republic?
Lead author · Corresponding
Anwesha Panda
Student at University Law College, Utkal University, Bhubaneswar, Odisha, India
Co-author
Satyaroop Kar
Student at University Law College, Utkal University, Bhubaneswar, Odisha, India
Abstract
The article focuses on legislative privileges and their misuse by legislative authorities to penalise non-members of the Parliament for the breach of parliamentary privileges and its impact on Indian democracy. The article starts with a comparative analysis of the legislative privileges in the United Kingdom and India, further focusing on whether the legislative privileges are too broad in India. Next, it analyses the grounds for legislators' abusing this power. Moving ahead, it discusses examples of unjustified restrictions on citizens' freedom of expression in the name of contempt of the Houses. Finally, it seeks to strike a balance between the power of Parliament to punish and the freedom of citizens to express themselves freely.