Question

In case of conflict between fundamental rights of citizens and privileges of Parliament _________________________.

• A. Parliamentary privilege with true supremacy
• B. Fundamental Rights will prevail over privilege
• C. Some of the fundamental rights are sacrosanct over which privileges will not prevail
• D. Generally, Parliamentary privileges will prevail but Parliament while acting against the fundamental rights of citizens, should not violate due process of law

Answer 1

The correct option is D Generally, Parliamentary privileges will prevail but Parliament while acting against the fundamental rights of citizens, should not violate due process of law

The Constitution grants parliamentary privileges that are special rights, immunities and exemptions enjoyed by the two Houses of the Parliament, their committees and their members. These are inevitable to secure the independence and effectiveness of their actions.

The Constitution also grants certain fundamental rights to the citizens which are necessary for essential development and independence of citizens. In case of conflict between two, it must be borne in mind while giving weightage to parliamentary privileges that due process of law that is just and reasonable should not be violated in the due procedure of curtailing any fundamental right.