Discuss the role of the Freedom of Speech and Expansion of a citizen to share their ideas, opinions & beliefs. Compare the rights provided under Article 19(1)(a) to Article 105.
Main Body
Article 19(1)a provides for Freedom of Speech and expanding to its citizens to share their ideas, opinions & beliefs Article 105 provides for Parliamentary privilege where legislators have freedom of speech in parliament. Difference Fundamental right: Article 19(1)a → Redressal of any breach by supreme court (Art 22). → Scope is interpreted by supreme court → Reasonable restrictions like university contempt of court → With government legislation and
and Supreme court judgments, basic freedom of speech while parliamentary privilege framework is codified → Less pendancy of misuse Maintain balance between parliamentary privilege and fundamental right 1) Ensure sanctity of parliament. 2) Parliamentarians also litigant of country thus should have certain reasonable restrictions. 3) Codification of privileges → can't be misused to curb political dissent. 4) Citizens should have freedom of speech to castigate parliament for its inactions There is urgent need for codification of parliamentary privileges to uphold democratic principle.
— Nidhi Goyal · AIR 91
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Diagram
Comparison table showing Fundamental right vs Parliamentary privilege with rows for Article 19(1)(a) and Article 105
Nidhi Goyal
Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure
Fundamental Rights
Freedom of Speech and Expression Article 19(1)(a) vs Article 105
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