Articles 105 to 106: Parliamentary Privileges and Immunities
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Articles 105 to 106: Parliamentary Privileges and Immunities
Articles 105 to 106 of the Indian Constitution safeguard the privileges, immunities, and powers of the Parliament and its members. They aim to ensure the independence and autonomy of parliamentary proceedings while upholding the integrity of the legislative process.
Article 105: Powers, Privileges, and Immunities of Parliament and Members
Article 105 outlines the powers, privileges, and immunities of the Parliament and its members, emphasizing the freedom of speech, freedom from arrest, and exemption from attendance as witnesses.
Article 106: Salaries and Allowances of Members
Article 106 pertains to the salaries and allowances of members of Parliament, ensuring financial independence and stability for legislators.
Modern Era Interpretation:
In the contemporary era, Articles 105 to 106 continue to hold significance in safeguarding the functioning and independence of Parliament. While not heavily reliant on extensive case laws, their interpretation and application have been shaped by constitutional principles and occasional legal interventions.
Case Laws and Relevance:
P.V. Narasimha Rao v. State (1998): In this case, the Supreme Court upheld parliamentary privileges, emphasizing the autonomy of legislative proceedings and the freedom of legislators to express themselves without fear of legal repercussions.
Raja Ram Pal v. Hon'ble Speaker, Lok Sabha (2007): This case emphasized the Speaker's authority in maintaining the dignity and autonomy of Parliament, underscoring the importance of parliamentary privileges in protecting legislative functioning.
Contemporary Relevance and Challenges:
In the contemporary landscape, Articles 105 to 106 face challenges related to striking a balance between parliamentary privileges and the accountability of legislators. The potential misuse or misinterpretation of these privileges can hinder transparency and accountability in legislative proceedings.
Ensuring that parliamentary privileges are not used to shield misconduct or obstruct accountability mechanisms remains a challenge. The need to interpret these privileges in line with the constitutional framework and democratic values is crucial in maintaining the credibility and effectiveness of the legislative process.
Conclusion:
Articles 105 to 106 of the Indian Constitution uphold the privileges, immunities, and financial independence of Parliament and its members, fostering the autonomy and integrity of legislative proceedings. While not extensively backed by numerous case laws, their interpretation and application resonate with constitutional principles and the need to safeguard parliamentary functioning.
As India progresses in the 21st century, the need to balance these privileges with the accountability of legislators remains pivotal. Occasional legal interventions and evolving practices continue to shape and refine the operational aspects of these articles, underscoring their enduring significance in fostering an independent and robust parliamentary democracy within the Indian constitutional framework.
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