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Indian Journal of Law and Human Behavior

Volume  4, Issue 2, Jul-Dec 2018, Pages 197-202

 

Original Article

Comparative Analysis of Parliamentary Privileges in UK and India: An Overview
Rajeev Kumar Singh
Assistant Professor of Law Department of Human Rights, School for Legal Studies, Babasaheb Bhimrao Ambedkar (A Central) University, Lucknow, Uttar Pradesh 226025, India.
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DOI: DOI: http://dx.doi.org/10.21088/ijlhb.2454.7107.4218.7

Abstract

  When the British departed from India in a form of hand-downs India inherited and kept in its independent wake of political system as already established in the British India. The Preamble to the Constitution of India declares, India to be a ‘Sovereign Socialist Secular Democratic Republic’
and the form of democracy entrenched is ‘Parliamentary Democracy’ in India and the nature of the Parliament so accepted to be a part of the Government as its salient features are interesting to note. Even though the parliamentary form of democracy as envisaged in India is one which has somewhere its roots in British Parliamentary form of democracy, what sets India and Britain different is the existence of the written Constitution in India and a lack thereof in UK. The lack of a written Constitution essentially for technical purposes can be deemed to say that the powers of the Parliament in UK are undefined and exhaustive while that of the Indian Parliament depend and are subject to the provisions of the Constitution of India. The restrictions on the parliament of UK, as can be inferred from the above discussion, are mainly self-imposed in view of the developments around the world and within UK due to the enactments as per world standards. In case of India, even though self imposed regulations and limitations are possible by way of the rules of procedure that Indian Parliament formulates from time to time, all are subject to the provisions of the Constitution. 

Keywords: Parliamentary Privileges; Democracy; Sovereignty; Political; Rights.


Corresponding Author : Rajeev Kumar Singh Assistant Professor of Law Department of Human Rights, School for Legal Studies, Babasaheb Bhimrao Ambedkar (A Central) University, Lucknow, Uttar Pradesh 226025, India.