What are the privileges enjoyed by the Members of Legislature in India? Do you think it is in contradiction with the fundamental rights guaranteed by the Indian Constitution?

Q) What are the privileges enjoyed by the Members of Legislature in India? Do you think it is in contradiction with the fundamental rights guaranteed by the Indian Constitution? (15 marks, 250 words)

भारत में विधायिका के सदस्यों को क्या विशेषाधिकार प्राप्त हैं? क्या आपको लगता है कि यह भारतीय संविधान द्वारा प्रदत्त मौलिक अधिकारों के विपरीत है

Demand of the Question– The question demands understanding of Working of the Legislatures and the privileges accorded to MLAs. It also requires understanding of Fundamental rights, along with comparison of both the rights.

Directive Word– What- This demands mentioning of privileges. Do you think- This keyword demands analysis of if contradiction is there or not, substantiated by articles, arguments and important SC judgements.

Structure of the Answer

Intro– Mention the articles under which privileges to MLAs are provided, along with the part of the Constitution where Fundamental Rights are described.

Body– Describe about the privileges, give required articles and important judgements. In the second section, mention the important Fundamental Rights that relate to privileges. In the last part, mention some provisions which contradict the Fundamental Rights, justify the need of providing such contradiction in the Constitution. Along with it, mention some provisions which do not contradict Fundamental Rights.

Conclusion– State the importance of the privileges provided. Along with some shortcomings, mention suggestive measures to decrease the contradictory provisions without affecting the actual and core functioning of MLA as legislative.

Part of Syllabus– GS Paper 2- Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these & Indian Constitution—features, amendments, significant provisions and basic structure.