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5) Examine whether parliamentary privileges in a constitutional democracy like India is an antithesis to “equality before law”?(250 words)

Topic– Part of static series under the heading – “Parliament and State Legislatures – structure, functioning, conduct of business,
powers & privileges and issues arising out of these”

5) Examine whether parliamentary privileges in a constitutional democracy like India is an antithesis to “equality before law”?(250 words)

Key demand of the question

The question expects us to explain what parliamentary privileges and equality before law mean, how it might appear that they are antithesis to each other. Examine why Parliamentary privilege are important. Discuss what happens if the privileges are codified.

Directive word

Examine – When you are asked to examine, you have to probe deeper into the topic,  get into details, and find out the causes or implications if any .
Structure of the answer

  • Explain what Parliamentary privileges and what forms do they take
  • Examine what equality before law entails – absence of privileges, no person above law and equal subjection of law to each and every person. Mention in brief why they might appear contradictory
  • Highlight why Parliamentary privileges were conceived – efficiency, deal with unseen situation etc
  • Examine the issues that are being faced on account of parliamentary privileges

Conclusion – Summarize why the two are not at loggerheads.