equity in the justice system as presently
all legislatures and parliamentary are protected
with immunity under section 197 of Cr.P.C. and
their Trial
penalise and disqualify
elected representatives is violative of the fundamental
principles of Parliamentary democracy and is, therefor,
destructive of the basic feature of the Constitution ... Chairmen/Speakers, and paragraph 6(2) in the event of
attracting immunity under Articles 122
690
and 212 , bar judicial review; (5) the Chairmen/Speakers
States Of Rajasthan vs Prakash Chand & Ors on 2 December, 1997
Equivalent citations: AIR
disputes. From that it does not necessarily follow that the rights and immunities under sub-Article (2) of Article 105 of the Constitution, are elevated ... inconsistency with Article 105(2) as urged by Shri Sharma.
19. Parliamentary democracy envisages that matters involving implementation of policies of the Government should
State Of Rajasthan vs Prakash Chand & Ors on 25 November, 1997
Bench: S.P
main pillars of
parliamentary democracy as envisaged by the
Constitution. It is essential to provide for all
immunities necessary to enable Judges to act
fearlessly
permission to attend parliamentary
proceedings. The Division Bench of Delhi High Court taking into
consideration the fundamental rights, powers, privileges and
immunities arrived ... grant permission to an accused of a serious offence to
attend the parliamentary session solely on the foundation that he has
Raj Kumar Arora
permission to attend parliamentary
proceedings. The Division Bench of Delhi High Court taking into
consideration the fundamental rights, powers, privileges and
immunities arrived ... grant permission to an accused of a serious offence to
attend the parliamentary session solely on the foundation that he has
Raj Kumar Arora
legislature of a State did not mean that the
particular enactment acquired immunity from challenge
even though the same was not within the legislative
competence ... President of India for various reasons,
including inconsistency with a parliamentary statute, impact of the
statute on relations with other states, etc. In certain situations
article (3) of Article 194 dealing with the powers, privileges and immunities of State Legislatures and their members. So the Rules of Procedure and Conduct ... rules detract from those powers, privileges and
immunities. According to that constitutional provision the powers, privileges
and immunities of the Haryana Legislative Assembly
