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VOL. 7, ISSUE 4 (2021)
Judicial review of parliamentary privileges and immunities in India
Authors
Gopala Anjinappa
Abstract
This article analysis the privileges and immunities enjoyed by the members of the Parliament especially with that of protection from civil and criminal acts. The Constitution of India have provided with these immunities to be enjoyed by certain members of the legislative houses. In this regard, this article underlines the significance of the Constitutional provisions in granting the privileges and immunities to the members of the Parliament. The Constitution does not confront the supremacy of any of the three organs viz., the legislature, the executive and the judiciary of the State, on the contrary, it controls the functioning of all the three organs; thereupon, the article more or less focuses on the doctrine of separation of powers. Further, the judiciary exerts its power to examine the actions of the members of the Parliament to ensure that such actions conform to the provisions of the Constitution. Accordingly, this article highlights whether these privileges endowed by the Constitution are subject to judicial review. In this context, the article aims towards the scope of the judiciary to interpret the Constitution and moreover, this article emphasizes on the immunities of the sovereignty of the Parliament as to whether it is untouched from judicial review.
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Pages:233-237
How to cite this article:
Gopala Anjinappa "Judicial review of parliamentary privileges and immunities in India ". International Journal of Law, Vol 7, Issue 4, 2021, Pages 233-237
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