SC Stresses Balancing Judicial Independence and Parliamentary Privilege Rights
Supreme Court emphasizes the need to balance the rights of judges and MPs.
Photo by Rai Singh Uriarte
The Supreme Court highlighted the importance of balancing the rights and privileges of judges and Members of Parliament (MPs). This observation comes amid ongoing discussions about judicial accountability and parliamentary sovereignty. The court emphasized that while judges must be independent to ensure fair adjudication, MPs also require certain protections to effectively represent their constituents and perform their legislative duties.
The balance between these rights is crucial for maintaining the integrity of both the judiciary and the legislature, which are vital pillars of democracy. The court's statement underscores the need for a nuanced approach to avoid undermining either institution.
UPSC Exam Angles
GS Paper II: Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.
GS Paper II: Structure, organization and functioning of the Executive and the Judiciary – Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
Potential question types: Statement-based MCQs, analytical questions on the balance of power between the judiciary and legislature.
Visual Insights
Balancing Judicial Independence and Parliamentary Privileges
This mind map illustrates the key aspects of balancing judicial independence and parliamentary privileges, highlighting their importance and potential conflicts.
Balancing Judicial Independence & Parliamentary Privileges
- ●Judicial Independence
- ●Parliamentary Privileges
- ●Separation of Powers
- ●Potential Conflicts
More Information
Background
The concept of parliamentary privilege in India is rooted in the British parliamentary system. Article 105 of the Indian Constitution deals with the powers, privileges, and immunities of Parliament and its members. Initially, these privileges were defined by reference to those of the British House of Commons.
Over time, the Indian Parliament has evolved its own understanding and interpretation of these privileges. The judiciary's role in interpreting these privileges has been a subject of debate since the early years of the Constitution. Landmark cases, such as the Searchlight case (1959) and the Keshav Singh case (1965), have shaped the understanding of the relationship between parliamentary privilege and fundamental rights, particularly the judiciary's power of judicial review.
Latest Developments
In recent years, there has been increasing scrutiny of parliamentary privilege, particularly in the context of alleged breaches of privilege by members of Parliament and the media. The issue of judicial accountability has also gained prominence, with debates surrounding the National Judicial Appointments Commission (NJAC) and the mechanisms for addressing judicial misconduct.
The Supreme Court's observations come at a time when there is a growing emphasis on transparency and accountability in both the legislature and the judiciary. Future developments are likely to focus on establishing clearer guidelines and procedures for balancing these competing interests, possibly through legislative amendments or judicial pronouncements.
Practice Questions (MCQs)
1. Consider the following statements regarding Parliamentary Privileges in India: 1. Parliamentary privileges are explicitly defined in detail in the Constitution of India. 2. The privileges extend to individuals who are not members of Parliament but participate in its proceedings. 3. The judiciary has the power to interpret the scope and extent of parliamentary privileges. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 1 is incorrect because parliamentary privileges are not exhaustively defined in the Constitution. Article 105(3) initially referred to the privileges of the British House of Commons until Parliament defined them. Statements 2 and 3 are correct.
2. In the context of the relationship between the judiciary and the legislature, which of the following statements accurately reflects the principle of 'Separation of Powers' as enshrined in the Indian Constitution?
- A.The judiciary has absolute authority to review all legislative actions without any limitations.
- B.The legislature is supreme and can override judicial decisions through legislative amendments.
- C.Each branch of government has distinct functions, but there is a system of checks and balances to prevent any one branch from becoming too powerful.
- D.The executive branch is solely responsible for interpreting the Constitution, and its interpretation is binding on the other branches.
Show Answer
Answer: C
Option C accurately describes the principle of separation of powers with checks and balances. The Indian Constitution adopts a flexible separation of powers, where each branch has specific functions but also exercises some oversight over the others.
3. Assertion (A): Judicial independence is crucial for upholding the rule of law and ensuring fair adjudication. Reason (R): Parliamentary privileges are necessary for Members of Parliament to effectively represent their constituents and perform their legislative duties without fear of reprisal. In the context of the above statements, which of the following is correct?
- A.Both A and R are true, and R is the correct explanation of A.
- B.Both A and R are true, but R is NOT the correct explanation of A.
- C.A is true, but R is false.
- D.A is false, but R is true.
Show Answer
Answer: B
Both assertion and reason are true, but the reason does not directly explain the assertion. Judicial independence and parliamentary privileges are both important for the functioning of democracy but serve different purposes.
4. Which of the following committees is primarily responsible for examining questions of breach of privilege in the Indian Parliament?
- A.Public Accounts Committee
- B.Estimates Committee
- C.Committee on Privileges
- D.Committee on Public Undertakings
Show Answer
Answer: C
The Committee on Privileges in each House of Parliament is responsible for examining cases of breach of privilege and making recommendations to the House.