Introduction

What are the power and privileges of the Indian Parliament? How do these work in the context of public administration and governance in India? In this blog post, we will answer these questions and provide a comprehensive analysis of power and privileges under the Indian Constitution, political system, governance and social justice. We will also look at how these power and privileges are exercised at the international level. Stay tuned for more!

What are power and privileges?

Power and privileges are certain rights and advantages that are granted to a person or group of people in a certain context. In India, power and privileges are enshrined in the Constitution, as well as in the various laws and regulations that govern different aspects of public life.

These are necessary for the proper functioning of Parliament and State Legislatures. They enable MPs and MLAs to freely discharge their duties without fear of interference from the executive or judiciary.

The Indian Constitution lays down the basic framework for power and privileges. Article 105 deals with Parliamentary Privilege, while Article 311 deals with Civil Services. Articles 105 and 194 of the Constitution confer certain privileges on Members of Parliament (MPs) and State Legislators, such as freedom of speech and immunity from arrest.

Parliamentary Privilege

Parliamentary Privilege is a term used to describe the rights and immunities that are granted to MPs and Members of State Legislatures. These rights and immunities are essential for the functioning of Parliament and legislatures, as they enable MPs and MLAs to discharge their duties without fear of interference from the executive or judiciary.

Origin of Parliamentary Privilege: Parliamentary privilege is a concept that has been developed over centuries, with its roots in the English Parliament. This is not mentioned explicitly in the Indian Constitution, but it is derived from the Parliamentary system of government that is enshrined in the Constitution.

Parliamentary privilege in India has been recognized by the Supreme Court in a number of landmark judgments. In the case of Keshav Singh vs. State of Uttar Pradesh, the Supreme Court held that Parliamentary privilege is a part of the basic structure of the Constitution.

Parliamentary privilege gives MPs and MLAs certain rights and immunities that are not available to ordinary citizens. These rights and immunities are necessary for the proper functioning of Parliament and legislatures. It enables MPs and MLAs to freely express their views on matters of public interest, without fear of interference from the executive or judiciary.

Breach of Privilege Motion

Breach of Privilege Motion is a notice given by an MP or MLA to the Speaker or Chairperson of the House, alleging that another member has committed a breach of privilege. A Breach of Privilege Motion can be moved only against an MP or MLA, and not against any other person.

Cases of Privilege Motion

The most recent case of a Privilege Motion being filed in the Lok Sabha was on the 21st of March, 2016, by Shri Kirit Somaiya, Member of Parliament from Mumbai North East constituency. The case was against the then Union Minister for Transport and Highways, Mr Nitin Gadkari, for allegedly favouring a private company in awarding a contract for the Mumbai-Pune Expressway. The case is still pending in the Lok Sabha.

Another case of a Privilege Motion was filed on the 14th of December, 2017, by Shri Sushil Kumar Gupta, Member of Parliament from the North West Delhi constituency. The case was against the Deputy Commissioner of Police (North-West district), for allegedly not taking action against the accused in a rape case. The Lok Sabha Speaker, Smt. Sumitra Mahajan had referred the case to the Ethics Committee of the Lok Sabha.

A Breach of Privilege Motion is moved in either House of Parliament by a Member alleging that a Minister or other person has infringed the privileges of Parliament. If the motion is accepted by the House, it may refer the matter to a Parliamentary Committee for investigation. The Parliamentary Committee may then report to the House its findings and recommendations. Depending on the nature of the breach, the House may then take further action, such as asking the Minister or other person to apologise to the House or even punishing the person.

Conclusion

Landforms are an important part of geography, and students should learn about the different types and their features. The landforms we’ve covered in this post are some of the most common on Earth. Each has its own unique set of characteristics that make it stand out from the rest. Whether you’re a student studying for your next quiz or just interested in learning more about our planet, we hope you found this post helpful. Do you know of any other interesting landforms? Let us know in the comments below!