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Literature from the Indian Context

Rajya Sabha Secretariat, Chapter on Parliamentary Privileges, [Open Access]

Published by the upper house of the Parliament of India, this chapter presents a detailed basic reading on parliamentary privileges. It examines the nature of parliamentary privileges and the effect that these privileges have on the freedoms enshrined in the Constitution. It particularly addresses the issue of conflict between the freedom of speech and the prohibition on reporting of parliamentary proceedings.

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Lok Sabha Secretariat, Practice and Procedure of Parliament, Chapter XI (2009) [Open Access]

Published by the lower house of the Parliament of India, this chapter presents a detailed basic reading on parliamentary privileges. It examines the nature of parliamentary privileges and the effect that these privileges have on the freedoms enshrined in the Constitution. It particularly addresses the issue of conflict between the freedom of speech and the prohibition on reporting of parliamentary proceedings.

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Lok Sabha Secretariat, Practice and Procedure of Parliament, Chapter XLIV (2009) [Open Access]

Published by the two houses of the Parliament of India, this chapter presents a detailed basic reading on parliamentary privileges. It examines the nature of parliamentary privileges and the effect that these privileges have on the freedoms enshrined in the Constitution. It particularly addresses the issue of conflict between the freedom of speech and the prohibition on reporting of parliamentary proceedings.

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Justice P.K. Balasubramanyan, Parliamentary Privilege: Complementary Role of the Institutions, (2006) 2 SCC (Jour) 1 [Open Access]

This article discusses the issue of parliamentary privileges in detail. Particularly, it deals with the conflict of privileges with the freedom of expression and the power struggle between the judiciary and the legislature relating to the codification of law relating to privileges. The article concludes that the solution to avoid conflicts lies in understanding the relationship among the institutions.

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Dr K. Madhusudhana Rao, Codification of Parliamentary Privileges in India: Some Suggestions, (2001) 7 SCC (Jour) 21 [Open Access]

This article discusses the various privileges afforded to members of Parliament, including the right to control publications and immunity from civil and criminal proceedings. It provides a comparison with the law relating to privileges in the UK. It also analyses the provisions of the Constitution that relate to privileges and provides certain suggestions for codifying the law relating to Parliamentary privileges in India.

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Ajit Sharma, The Privileged Legislature, 38(48) Economic and Political Weekly, Vol 5018 (November 29, 2003) [Restricted Access]

The author adopts the view that the concept of parliamentary privileges, originating in medieval times has not been able to transform itself. There is cogent evidence to show that privileges have been misused in the past in various countries. The author concludes that it is time now that parliament, which makes laws for regulating future conduct of men and women, make rules regarding its own conduct.

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M.V. Pylee, Free Speech and Parliamentary Privileges in India, 35(1) Pacific Affairs 11 (Spring, 1962) [Restricted Access]

This article is a detailed commentary on the tension between the freedom of speech and Parliamentary privilege in post-Constitutional India. Although slightly outdated in light of subsequent developments, it provides an interesting perspective on Parliamentary privileges as they stood prior to the 44th amendment of the Constitution in 1979.

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Shivprasad Swaminathan, The Conflict between Freedom of Press and Parliamentary privileges: An unfamiliar twist in a familiar tale, 22(1) National Law School of India Review 123 (2010) [Open Access]

This article provides a novel interpretation of the two Constitutional issues of Parliamentary privileges and the freedom of expression. The author argues that the combined effect of the 42nd and 44th amendment to the Constitution was to lower the status of parliamentary privileges from being part of the original Constitution to being a part of an amendment to the Constitution. This would make these privileges subject to the Basic Structure doctrine and hence by implication, subject to Article 19(1)(a).

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Nirmalendu Bikash Rakshit, Parliamentary Privileges and Fundamental Rights, 39(13) Economic and Political Weekly 1379 (March 27, 2004) [Paid Database]

This article discusses incidents where state legislators have demanded action against the press, which have once again highlighted the conflict that exists between fundamental rights guaranteed by the Constitution and privileges extended to elected representatives. The author concludes that while parliamentary privileges remain to be codified, successive court rulings have also emphasised the precedence that fundamental rights occupy over such rights.

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Arvind Kumar, Essay on Indian Parliamentary Privileges and Immunities, Preserve Articles

This article provides a general overview of the privileges extended to Members of Parliament in India. It also discusses cases pertaining to privileges where the Supreme Court has opined that the legislature should pass a law clearly codifying its privileges. Then the citizen will know how far these parliamentary privileges restrict his fundamental right to freedom of speech and expression.

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D Shanmuganathan, Parliamentary Privilege in India, Amicus Curiae, Issue 30, September 2000

This article discusses the laws pertaining to parliamentary privilege in India. It addresses the power struggle that exists between the judiciary and the legislature over the issue of parliamentary privileges. It focuses on the UK Joint Committee Report, 1999 and advise that the Indian parliament to codify its privileges in light of the same.

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