The Fundamental Rights of an Indian citizen are subservient to
(A) Parliamentary privileges
(B) Executive powers
(C) Political dictates
(D) Media dictates
Correct Ans: (A)
Explanation:
In India, Fundamental Rights are essential for democracy. However, they are subservient to Parliamentary privileges in certain situations. This means that when a conflict arises between a citizen’s fundamental rights and Parliament’s privileges, the latter takes precedence.
Parliamentary privileges allow Members of Parliament (MPs) and State Legislatures to perform their duties without interference. These privileges protect lawmakers from legal action when they express views or disclose sensitive information in the House. For example, MPs cannot be sued for defamation for statements made in Parliament.
This issue became significant in cases where freedom of speech (Article 19) clashed with Parliamentary privileges. Courts have ruled that these privileges help maintain the independence and dignity of the legislature. However, they cannot be misused to suppress citizens’ rights unfairly.
The Constitution (Article 105 and Article 194) grants these privileges to Parliament and State Legislatures. But the extent of these powers remains undefined. The Supreme Court has ruled that in the absence of specific laws, British parliamentary conventions apply. Yet, any new privilege must align with constitutional values.
In conclusion, Fundamental Rights are subservient to Parliamentary privileges, ensuring smooth governance. However, courts continue to balance individual freedoms and legislative immunity, preventing misuse of power.
