Question 15
Explain power corrupts and absolute power corrupts absolutely in reference to the recent karnataka assembly's legislation imposing sentence and fine on two tabloids.
Or
Critically analyse parliamentary privilages in India ?
Or
Critically analyse parliamentary privilages in India ?
India has adopted Parliamentary form of democracy. Parliament has been envisioned not only as a legislative body but also as a deliberative body where issues can be discussed freely.
ReplyDeleteTo ensure its members can have a free and open discussion , members of parliament and legislatures have their freedom of speech protected under Articles 105 and 194 of the Indian Constitution which deal with Parliamentary privileges and Legislature privileges respectively. Further the Articles also protect members from cases being filed against them for their statements made in the House and gives powers to decide the privileges , powers , immunities of a House , its members and committees.
A breach of privilege is a legally grey area as there are no codified laws dealing with the subject.There are also no clear rules on what constitutes as breach of privilege.
The provision has been criticized as it is used to muzzle criticism of legislators by the press.
The trials held are also criticized as substituting a free and fair judicial process since legislators themselves act as judges in cases that involve them thereby violating Principles of Natural Justice.
For instance recently two journalists were ordered to undergo a year of imprisonment on the orders of the Karnataka Speaker for breach of privilege in a case which involved the Speaker thereby raising questions of conflict of interest.
Absolute power corrupts absolutely and thus as long as law is silent on breach of privileges it remains a potent provision to curb the media and thus affect smooth functioning of democracy.