DISCORDANT PARALLELS OF FUNDAMENTAL RIGHTS AND PARLIAMENTARY PRIVILEGES

Abstract

The conflict between parliamentary privileges and fundamental rights can be resolved to a large extent by fully recognising the distinctions between the privileges and their procedural aspect. There are two parts in parliamentary privileges, one is substantive, and the other procedural. The substantive part defines the rights and the procedural part defines the mode of use of these rights. The existence of substantive privilege is a matter for courts to decide, and the procedure to exercise the privileges is to be decided by the parliament. This distinction between the substantive and procedural provisions has been made by the Constitution of India. But the distinction is not clear and as a result of that, the conflict between privileges of legislature and fundamental rights has arisen and persists till date. The balance between fundamental rights and parliamentary privilege must be re-examined. But, in the entire process, it is found imperative that mutual respect must subsist and it must be ensured that all attempts at mutual encroachment upon each other’s domain must be avoided at all costs. Otherwise, parliamentary democracy itself will be at peril.