30.Parliament (Part-V) (Parliament : Privileges and Bills) Flashcards
What are parliamentary privileges?
Parliamentary privileges are special rights, immunities, and exemptions enjoyed by the two Houses of Parliament, their committees, and their members.
Who has the authority to define the powers, privileges, and immunities of Parliament and MPs?
According to Article 105 and 194, the powers, privileges, and immunities of Parliament and MPs are to be defined by the Parliament. No law has been enacted in this regard so far.
What are collective privileges in Parliament?
Collective privileges are the privileges that belong to each House of Parliament collectively.
What rights does Parliament have regarding the publication of its reports, debates, and proceedings?
Parliament has the right to publish its reports, debates, and proceedings and also the right to prohibit others from publishing the same.
What disciplinary actions can Parliament take for breach of privileges or contempt?
Parliament can punish members as well as outsiders for breach of its privileges or its contempt by reprimand, admonition, or imprisonment. In the case of members, suspension or expulsion can also be imposed.
What are collective privileges in Parliament?
Collective privileges are the privileges belonging to each House of Parliament collectively.
What rights does Parliament have regarding the publication of its reports, debates, and proceedings?
Parliament has the right to publish its reports, debates, and proceedings and also the right to prohibit others from publishing the same.
Can Parliament exclude strangers from its proceedings and hold secret sittings?
Yes, Parliament can exclude strangers from its proceedings and hold secret sittings if necessary.
What authority does Parliament have in making rules for its own procedure and the conduct of its business?
Parliament has the authority to make rules to regulate its own procedure and the conduct of its business.
What actions can Parliament take for breach of its privileges?
Parliament can punish members as well as outsiders for breach of its privileges.
What are individual privileges of Parliament members?
Individual privileges are the privileges belonging to the members of Parliament individually.
During what period are Parliament members protected from arrest?
Parliament members cannot be arrested during the session of Parliament and 40 days before the beginning and 40 days after the end of a session.
What freedom do Parliament members have in terms of speech?
Parliament members have freedom of speech in Parliament.
Are Parliament members exempted from jury service?
Yes, Parliament members are exempted from jury service.
Why were parliamentary privileges introduced in the British Parliament?
Parliamentary privileges were introduced in the British Parliament to prevent the arrest and harassment of legislators in the House of Commons when they criticized the crown.
What freedom of speech was provided to Indian parliamentarians compared to citizens?
Indian parliamentarians were provided absolute freedom of speech in the house, while citizens’ freedom of speech was restricted.
How did the Supreme Court respond to the freedom of speech provided to parliamentarians?
The Supreme Court upheld the decision to provide absolute freedom of speech to parliamentarians, showing respect for the legislators, many of whom were freedom fighters.
What decision did the founding fathers leave regarding the codification of parliamentary privileges?
The founding fathers left the decision to codify the privileges on the wisdom of Parliament.
Why did some current legislators oppose the codification of parliamentary privileges?
Some current legislators argued that codification would take away the sovereignty of Parliament and also claimed that they do not constitute civil servants.
When can parliamentarians be arrested?
Parliamentarians cannot be arrested during sessions and 40 days before the session.
How does the immunity of parliamentarians extend beyond a year?
Considering three sessions per year, the immunity of parliamentarians extends beyond 365 days.
What is a common observation regarding the slapping of privileges?
It is commonly observed that privileges are often slapped on citizens, civil servants, and journalists.
Why are parliamentary privileges important?
Parliamentary privileges are important:
*To enable parliamentarians to perform their functions without hindrance.
*For the protection of the members of each House.
*To eliminate external interference in the functioning of legislatures.
What is the purpose of legislative privileges?
Legislative privileges are provided to ensure that legislatures can discharge their duties without fear, favor, and external interference.
What is the biggest issue with parliamentary privileges?
The biggest issue with parliamentary privileges is that they are not codified.
How do these privileges invade constitutionalism?
These privileges give legislators the power to be the sole judges of their own privileges, breaches, and punishments, which goes against constitutionalism.
Can parliamentary privileges be misused?
Yes, parliamentary privileges can be misused. For example, in 2017, two journalists were imprisoned by the Karnataka assembly based on recommendations from its privilege committees.
How does absolute freedom of speech for parliamentarians affect equality?
Granting absolute freedom of speech to parliamentarians places them above citizens, which undermines the principle of equality.
What is the controversy surrounding parliamentary privileges and court jurisdiction?
The controversial aspect of parliamentary privilege is the power and jurisdiction of courts to review and intervene in parliamentary privileges.
How have other countries dealt with the issue of parliamentary privileges?
Other countries like Britain and Australia have codified their parliamentary privileges, while the U.S. House of Representatives has been working without penal powers for centuries.
What is the non-judicial power of inquiry held by legislatures?
The non-judicial power of inquiry allows legislatures to define their privileges.
According to Walter Bagehot, what function do privileges fulfill in the house?
According to Walter Bagehot, privileges fulfill the expressive and informative function of the house as they represent the voice of the people.
How does the Doctrine of Pith and Substance relate to privileges?
The Doctrine of Pith and Substance is used by courts to address the issue of overreach of legislation, but it may not be fair to apply it preemptively at the inquiry stage.
How does the concept of cooperative federalism relate to privileges?
The concept of cooperative federalism fails when a state is barred from participating in discussions due to privileges, as cooperation requires inclusiveness.
What is the role of courts in discussing parliamentary privileges?
Courts are not able to discuss or determine what can and cannot be discussed by parliamentarians. They act as balancing wheels and are not supreme in the same way as the US constitution.
In the case of M.S.M. Sharma (1958), what did the Supreme Court prioritize?
In the case of M.S.M. Sharma (1958), the Supreme Court prioritized parliamentary privileges over free speech.
What was the Supreme Court’s stance on the absolute powers of Parliament by 1967?
By 1967, the Supreme Court was convinced that Parliament should not have absolute powers.
What recent event involving Facebook and the Delhi assembly relates to parliamentary privileges?
The recent event involves the Delhi assembly summoning Facebook and placing it before the Peace and Harmony committee on the grounds of violating parliamentary privileges.
What is one suggestion for the way forward regarding parliamentary privileges?
One suggestion for the way forward is the codification of privileges, which would enhance the accountability of legislatures.
What did the Constitution Review Commission headed by Justice M.N. Venkatachaliah recommend regarding privileges?
The Constitution Review Commission recommended that privileges should be defined and delimited for the free and independent functioning of the legislatures.
What is the role of the opposition in a democracy?
The role of the opposition is to act as the voice of the voiceless, hold the ruling party accountable, and safeguard the rights and liberties of the people.
Why is the opposition considered the soul of democracy?
The opposition is considered the soul of democracy because it ensures a pluralistic society, prevents autocratic rule, and promotes the principles of democracy.
Give an example of the opposition’s role in extending a government scheme during the national lockdown.
The opposition played a role in extending the PM-Garib Kalyan Ann Yojana during the national lockdown.
What is one important role of the opposition regarding accountability?
One important role of the opposition is to ensure that the government acts as per its manifesto and democratic principles, including fighting against corruption.
How did the combined effort of the opposition in 2012 impact government accountability?
The combined effort of the opposition in 2012 in India against corruption led to the framing of the Lokpal, which increased government accountability.
How does the opposition safeguard the rights of the people? Provide an example.
The opposition highlights any wrongdoings during the government’s reign and works to uphold the rights of the people. For example, the use of the question hour during the 2020 Kisan Andolan helped bring attention to the rights of the protestors.
Why did India adopt a multiparty system?
India adopted a multiparty system to accommodate its vast diversity and plurality as a nation with a large population.
Which party is the largest opposition in the Indian parliament?
The Indian National Congress (INC) is the largest opposition party in the parliament.
What is one challenge faced by the opposition in terms of electoral strength?
The opposition, including the Indian National Congress, lacks the numerical strength to effectively challenge the ruling party.
What is a major obstacle to united efforts among the opposition parties?
The opposition is often divided between party interests and regional interests, making it challenging to have united efforts.
Give an example of the opposition remaining silent on an issue outside their forte.
When the Farm bills were passed, Akali Dal MPs retracted their support to the government, while other opposition parties remained silent. Similarly, MPs from Tamil Nadu alone protested for reforms in NEET exams.
How does defection impact the role of the opposition?
Defection, when self-interest is prioritized over national interest, weakens the role of the opposition. The 2019 National elections witnessed numerous political defections aimed at personal victory.
How is the absence of opposition compared in the text?
The absence of opposition is compared to a body without a soul.
What did the Democracy Index of EIU label India as?
The Democracy Index of EIU labeled India as a flawed democracy due to a weak opposition.
What happens when the opposition weakens according to history?
When the opposition weakens, the cabinet tends to strengthen itself.
How do protests reflect the failure of the opposition?
The growing number of protests, such as students’ protests, protests against the Citizenship Amendment Act, and farmers’ revolt, depict the failure of the opposition and the strengthening of the cabinet.
How does the weak opposition impact governance?
The weak opposition leads to discontent among the masses due to unpopular bills, acts, and ordinances, causing people and local governments to act insensitively towards administration, resulting in paralyzed governance.
Can you provide an example of the impact of weak opposition on governance?
When farm bills were passed with minimal resistance from the opposition, several state governments enacted laws to nullify the changes, causing a deadlock for administration.
What reform is needed when no party in the opposition secures 55 or more seats?
When no party in the opposition secures 55 or more seats, the reform needed is to recognize the numerically largest party in the opposition as the leader of the opposition by the speaker.
What inconsistency is mentioned regarding the 10% formulation?
The 10% formulation is inconsistent with the law ‘the salary and allowances of leaders of opposition in Parliament Act, 1977,’ which states that the largest opposition party should get the post.
What is the importance of opposition uniting across party lines?
Opposition should unite across party lines for the welfare of society at large, especially on issues of national or constitutional importance.
What reform is suggested for strengthening anti-defection laws?
The suggestion is to revisit and address multiple legal loopholes identified by legislators in the anti-defection laws.
Why is an effective opposition considered essential in parliamentary democracy?
An effective opposition is essential for the successful operation of parliamentary democracy, as it provides checks and balances, promotes accountability, and ensures a vibrant democratic process.
What is suggested as a best practice for India based on the UK example?
Setting up a Shadow Cabinet, as witnessed in the UK, is suggested as a best practice for India to enhance the functioning of the opposition.
According to political scientist W H Morris Jones, what was his view on the Indian parliament in 1957?
W H Morris Jones referred to the Indian parliament as “Unmistakably a story of success” based on the nature of its debates and conduct.
What incident during the passage of the Finance Bill 2018 highlights the deterioration in the functioning of the parliament?
The Finance Bill 2018 was passed in a mere 18 minutes of introduction, highlighting the level of deterioration in parliamentary proceedings.
What trend is observed regarding the duration of parliamentary sessions in recent times?
There is a trend of shorter parliamentary sessions, with the FY20 budget session ending two weeks before the determined date, the monsoon session lasting for ten days, and the cancellation of the winter session.
How has legislative scrutiny been affected in recent Lok Sabhas?
According to data by PRS India, the proportion of Bills wetted by the Departmentally Related Standing Committees (DRSCs) decreased from 60% in the 14th Lok Sabha and 71% in the 15th Lok Sabha to 27% in the 16th Lok Sabha.
What are the consequences of frequent disruptions during parliamentary sessions?
Frequent disruptions lead to the adjournment of the house, resulting in a loss to the exchequer and reserved time for legislations. As per PRS India, 46% of Lok Sabha time and 26% of Rajya Sabha time get disrupted due to lack of discipline.
