Saturday, 29 January 2022

Advantages and Disadvantages of Parliamentary Privileges - Manav Puri@LexCliq

  Advantages and Disadvantages of Parliamentary Privileges

Manav Puri@LexCliq


Introduction;

MPs enjoy special privileges and immunities (individually and collectively) that enable them to carry out their duties successfully. These privileges and immunities are in line with Indian Constitution Articles 105 and 122. MPs are granted privileges to ensure the smooth running of Parliament. If privileges are not granted in accordance with fundamental rights, the fundamental core of democracy to protect civil rights is lost. It is the duty of Parliament not to infringe any other constitutionally protected right. Parliamentary prerogative is the set of special rights accorded to each chamber collectively and to the members of each chamber individually, which go beyond those of other groups or individuals and without which they could not carry out their duties. Some privileges are based purely on parliamentary laws and customs, while others are regulated by law.


Advantages; 

  • Relieves tension, promotes goodwill and promotes cooperation between the two branches of government: The parliamentary system of government is advantageous because it promotes cooperation between the executive and the legislature. 

  • Faster and more efficient decision-making: The legislature and executive, as well as the parliamentary system, are linked to enable faster and more efficient decision-making. 

  • The merging of the legislature and the executive into a cabinet system of government in a parliamentary system of government means fewer staffing requirements and lower costs. In contrast to a presidential system in which all governing bodies are separate and staffed by different groups of people. 

  • Promotes good governance: The parliamentary form of government also promotes good governance for successful administration of the country, because the individual and collective duty entrusted to parliament would spur hard work on all cabinet members, and this promotes and ensures accountability and transparency of its members. 


Disadvantages;

• Even if a parliamentary system appears to consistently support good governance, it can also make parliamentarians too strong and arrogant, which can lead to abuses of political power. The legislative system makes the deputies supreme and untouchable. 

 • Being directly elected Prime Minister as leader of his party in a parliamentary system of government, the Prime Minister is more loyal to his party than to the people of the country. As a result of this, he will be more loyal towards his party, in comparison to his people. 

 • However, in a parliamentary system of government, the prime minister's term of office is always in question because parliament can dismiss him at any time with a "vote of no confidence". This could lead to crisis, segregation or instability in governance. 

 • Cabinet members may be overburdened with dual duties as a result of the convergence of the legislative and executive branches, and some ministers may be overwhelmed. 

 • Finally, it is important to keep in mind that while the parliamentary system needs individuals to perform both legislative and executive functions, a minister's lack of expertise can create inefficiencies in a control arm of government. 



Conclusion;

There is a clear demarcation as to what all rights and privileges are absolute and what are not. It is also a duty of the members to properly use these privileges and not misuse them for alternate purposes that is not in the favor of general interest of nation and public at large. As a result, it is frequently effectively determined that in determining privileges, the house cannot simply adopt a British equivalent, but must decide and evaluate if it matches Indian Democracy and does not insult the state's Republic characteristic.


Author Name – Manav Puri@LexCliq


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