Topic: Parliament and State Legislatures – structure, functioning, conduct of business, powers & privileges and issues arising out of these.
Q3. “Legislative autonomy does not place legislatures beyond constitutional scrutiny.” Explain the constitutional basis of legislative privileges in India. Trace the evolution of judicial review over their exercise. Examine how legislative autonomy can be reconciled with constitutional supremacy. (15 M)
Difficulty Level: Medium
Reference: TH
Why the question
In light of the continuing constitutional debate over the boundaries of legislative privilege, fundamental rights and judicial review, particularly where privilege affects citizens or the press.
Key Demand of the question
Explain the constitutional foundations and purpose of legislative privileges, and trace how judicial review over their exercise has evolved. Examine how legislative independence can be preserved without compromising constitutional supremacy and fundamental rights.
Structure of the Answer:
Introduction
Introduce legislative privileges as functional constitutional protections designed to secure independent legislative functioning, while locating them within India’s framework of constitutional supremacy.Body
- Constitutional basis of legislative privileges: Explain the framework under Articles 105 and 194, covering freedom of legislative speech, immunities and the broader privileges necessary for effective functioning of the Houses.
- Evolution of judicial review: Trace the shift from greater judicial deference towards constitutionally limited privilege, using landmark Supreme Court jurisprudence to show the expanding scope of scrutiny.
- Reconciling autonomy with constitutional supremacy: Suggest a balance based on functional necessity, calibrated judicial review, fundamental-rights protection and clearer procedural safeguards so that privilege protects legislative functioning without becoming an unchecked power.
Conclusion
Conclude that legislative privilege derives legitimacy from its contribution to representative democracy, and must therefore operate consistently with the rule of law and the Constitution’s larger democratic framework.
