Over the last four decades, our constitutional jurisprudence has recognised the inseparable relationship between protection of life and liberty with dignity. Dignity as a constitutional value finds expression in the…
The question came before the court in 1954 when several petitions were filed under article 32 before the court contending that search and seizure violate his fundamental right against self-incrimination…
In English law, this principle of protection against self-incrimination had a historical origin. It resulted from a feeling of revulsion against the inquisitorial methods adopted and the barbarous sentences imposed,…
We are in the age of constitutional democracy, that too substantive and liberal democracy. Such a democracy is not based solely on the rule of people through their representatives which…
Parliamentary Privileges in India have been adopted from UK. The law on parliamentary privileges in UK was developed after a struggle by the House of Commons with the Tudor and…
According to Erskine May, parliamentary privilege is the sum of certain rights enjoyed by each House collectively as a constituent part of the “High Court of Parliament” and by members…
In State of Karnataka v. Union of India (1977) a seven-Judge bench of Supreme Court speaking through MH Beg, CJ held that the powers under Article 194 (as well as…
Article 105 which is located in Part V Chapter II of the Constitution stipulates the powers, privileges, and immunities of Parliament, its members and committees. An analogous provision concerning State…
In a deliberative democracy, the aspirations of the people are met by discourse in democratic institutions. The foremost among these institutions are Parliament and the State Legislatures. The object of…
At the core of governance is the conflict between different constitutional values or different conceptions of the same constitutional value. Countries with a written Constitution attempt to resolve these conflicts…
