Privileges of parliamentarians

SURESH GODBOLE (Querist) 04 September 2011 This query is : Resolved
Dear Experts ,

I want to know the following and set the ball rolling for discussion : -

Two points are to be discussed with regard to the Privileges of the Parliamentarians : -

(i) Their actions and conduct in Parliament is ' NON JUSTICIABLE' i.e. they cannot be tried in a court of law or in a simple sense No FIR can be lodged against them of whatever they say in Parliament .

(ii) Their conduct in Parliament cannot be criticised. Is their conduct in Parliament ABOVE CRITICISM ? If this is so then this Right is stretching TOO FAR . That means they are free to do whatever they say and do in Parliament and cannot be CRITICISED.

If that is so what happens to the Fundamental Right of Right to Expression enshrined in the Constitution .

What happens to the LIVE TELECAST being made of the Parliament Proceedings . Does it mean We see everything but CANNOT SPEAK ABOUT IT WHATEVER HAPPENS.

What happens to the Cartoonists , Article Writers , Print and TV Media.

Lot of Criticism is made of the Prime Minister whatever he speaks in Parliament .

It seems , in my opinion , The Breach of Privilege Motion to Anna Hazare team is frivolous.

To air Public perception or even one's Own views cannot be held to be Breach of Privilege. When the Parliamentarians are acting Publicly (Live telecast) they cannot and SHOULD NOT AND ARE NOT ENTITLED ,BY OUR CONSTITUTION, TO say You cannot criticise our actions.

The Constitutional Experts can give their advise as this is Interpretation of the Constitution.

With regards ,

Suresh Godbole , 0-9929596546 , JAIPUR

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Guest (Expert) 04 September 2011
No comments, except that you and me have not yet achieved full independence to use our fundamental rights even after 64 years of independence of India.

Raj Kumar Makkad (Expert) 04 September 2011
This 'Privilege' word is utilized as per convenience. Cash for Vote episode which was though prepared out of parliament but was executed on the follow of house, it became a matter of due discussion of Supreme Court of India and various other matters which were purely discussed or debated in the parliament have duly been criticised by various persons including courts but this time, this privilege is being used to 'each lesson' to all opponents of congress so that they may keep quite otherwise to face strict action, may he be Baba Ramdev, Anna Team, Narender Modi, Swami Aseemanand, RSS or any other voice desirous of real independence.

You had called comments only from 'Constitutional Experts' and unfortunately I have violated your dictation s I am a small lawyer practising only in a Disrict Court having no 'sense' of defining constitution of India but I do represent the perception of common man. You 'Big guns of Lw' can define constitution better.