The qualified privilege in relation to parliamentary proceedings in India is based on
(A) The Irish law
(B) The American law
(C) The British law
(D) The Australian law
Correct Ans: (C)
Explanation:
Qualified privilege in India’s parliamentary proceedings is derived from British law. This privilege allows lawmakers to speak freely in Parliament without the risk of legal consequences, ensuring open discussions on governance and policymaking.
The concept of parliamentary privilege originates from the British legal system. In India, Article 105 of the Constitution grants similar privileges to Members of Parliament (MPs), while Article 194 extends these rights to state legislatures. These provisions ensure that legislators can express their views without fear of legal action, promoting transparency and accountability in governance.
Qualified privilege applies to parliamentary debates, reports, and proceedings. However, it is not absolute. While MPs can speak freely inside Parliament, they cannot misuse this privilege for defamatory statements without justification. Courts can intervene if parliamentary privilege is misused, maintaining a balance between freedom and responsibility.
In contrast to absolute privilege, which grants unrestricted legal protection, qualified privilege applies only under specific conditions. For example, journalists reporting parliamentary discussions enjoy qualified privilege if their reports are fair and accurate. This ensures press freedom while preventing misinformation.
India adopted this framework from the British parliamentary system, where similar privileges exist in the UK Parliament. Other legal systems, like American or Irish law, follow different approaches to legislative immunity.
In conclusion, India’s qualified privilege in parliamentary proceedings is rooted in British law. It protects free speech in legislative discussions while ensuring accountability, making it a key element of democratic governance.
