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counsel for the parties on the central question of
Parliamentary privileges, the power of the House to deal
with those ... central issue of expulsion of membership
of Parliament.
PARLIAMENTARY PRIVILEGES : MEANING
An important as also a complicated question is :
What
Supreme Court of India
Article 105(3) of the Constitution which power and
privilege of expulsion has been exercised by the Houses of
Parliament ... Union of
India, [(2006) 7 SCC 1].
That the parliamentary democracy in India is
qualitatively distinct from
Supreme Court of India
this Court had also clarified that the
exercise of parliamentary privileges in such cases was open
to judicial scrutiny ... principles and
precedents relatable to the exercise of parliamentary
privileges are relevant for deciding this case. Both
Articles
Supreme Court of India
reading the power of
expulsion, as a part of parliamentary privilege under Article 105(3) is
impermissible. It is, therefore ... sought to be brought under the umbrella of
parliamentary privilege. The extent of parliamentary power and privilege,
and whether
Supreme Court of India
made to the following observations in May's
Parliamentary Practice. Nineteenth Edition at page 132 :
"The purpose of expansion ... composition, reference is
made to the Chapter on Parliamentary Privileges in Constitutional and
Administrative Law by O. Hood Philips, Fifth
Madras High Court
strike out those particulars
of the defense which infringed Parliamentary privilege.
(25) To continue with the narrative of the points ... England the concept of "Parliamentary privilege" had begun to
assume a coherent form by 1450 with an address
Delhi High Court
Union of India that the exercise of parliamentary privileges cannot be decided against the touchstone of fundamental rights ... relation to the manner of exercise of parliamentary privilege, as affirmed in Pandit Sharma (I)19 and Pandit Sharma
Madras High Court
should not be taken
against him for breach of privilege of the Legislative
Assembly and he challenged the notice ... Constitution Bench which heard the writ petition, observed
that Parliamentary privilege in England was defined in May's
Parliamentary practice
Supreme Court of India
constitutional duties which, if
disclosed, may cause breach of parliamentary privilege and hence was
exempted from disclosure under section ... Secretariat are administrative in nature and not concerned with
parliamentary privileges and that on an earlier occasion the CPIO
Central Information Commission
constitutional duties which, if
disclosed, may cause breach of parliamentary privilege and hence was
exempted from disclosure under section ... Secretariat are administrative in nature and not concerned with
parliamentary privileges and that on an earlier occasion the CPIO
Central Information Commission
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