Parliamentary - Convention & privileges

Conventions

Customary ways of doing things which have become the part of constitution and political culture 2 types: That regulates the relationship between parliament and executive  eg.: Council of minister has to resign if PM resigns That facilitates the smooth functioning of the parliament President's assent to money bill Deputy speaker of the LS is from opposition  Chairman of PAC is from opposition Benefits: Regulation of discretions Scope of adoption Best practice Flesh and muscle of skeleton provided by constitution and laws Use by the court to interpret the c Challenges: Not codified could be misused Easily violable Indira: appointment of CJI No enforceability Should they be codified: No: reduce flexibility Undue interference of court Middle path Even if codified there will always be need and scope of new conventions No written body of laws can bypass the need for constitutional morality

Parliamentary privileges	Special immunities and advantages enjoyed by the legislature individually or collectively to facilitate their work Example: TN SLA speaker ordered arrest of 5 journalists for publishing articles that were critical of AIDMK government. Recently moved against PM and defence minister, on Rafale fighter jet deal
Sources	Constitution: article 105 and 109 Laws and statute Parliamentary rules conventions Collective: right to publish and not and restraining others from doing so Making rule for conduct of business Punishing members and outsiders for breach of priveleges Individual Freedom from arrest in civil cases in certain cases Exemption form jury services Freedom of speech on the floor
Significance	To put the concerns of voters fearlessly in the house Performing duty Indirectly empowering the rights of the citizens To maintain the freedom of speech dignity of the house: giving a lot of scope for missuse 2003: Hindu editors were supposed to be arrested
Issues	Still not codified and it is up to the Speaker of chairman to decide accordingly why to codify: vagueness will prevent conflict with judiciary Absolute misused Against: cannot be defined comprehensively Prestige and sovereignty of the parliament will be undermined Judiciary interference will increase as it will bring them into he definition of the laws under article 13(2). Have not been abused often baring in state assemblies Problems at times of emergency situations Discretion of the presiding officers and the members. Misuse to control dissent example: in states like in Karnataka and TN 2003: Hindu editors were supposed to be arrested conflict of the interest: As presiding officer can make Decision on issues concerning privileges of house, committees and its members it is leading to conflict of the interest Opposition party members have to suffered often Against the PNJ
SC	Privileges are there for facilitating the freedom of speech and not for protecting the image of the house.
Solution	Use with care: Only in case of Freedom of speech International  UK: India copied from here. These are the safeguards against the Monarch. But are not been used till date Australia: codified them US: no such privileges  Should not be extended to the individual members: members can go to court under criminal defamation Change of procedure: Broader consultative mechanism like involving multi party members Standardize if not codify to make it more objective
way ahead	non-interference of judiciary is needed Self-restrain Not have any chilling effect on the freedom of speech of the citizen NCRWC Codification
Privilege motion	To censor the minister for providing wrong information RS considering it for Smiriti Irani