LIJDLR

democracy

PARLIAMENTARY PRIVILEGES IN INDIA: EXPLORING THE IMPERATIVE FOR CODIFICATION AND A COMPARATIVE PERSPECTIVE WITH AUSTRALIA

Volume II Issue III /

PARLIAMENTARY PRIVILEGES IN INDIA: EXPLORING THE IMPERATIVE FOR CODIFICATION AND A COMPARATIVE PERSPECTIVE WITH AUSTRALIA Prakriti Dutta, 3rd year BALLB(H), Symbiosis Law School, Pune Download Manuscript doi.org/10.70183/lijdlr.2024.v02.9 “Parliamentary privilege is not a cloak for fraud.” – Lord Denning Is it really necessary to grant special privileges to those who represent, serve, and govern the people? This is arguably the most critical question in the history of democracy. Why should we grant special rights to politicians in their capacities as representatives is a subject that has been posed all across the world? The term “parliamentary privileges” refers to the specific rights and protections afforded to members of parliament; this question becomes highly pertinent. This study digs into the complex world of parliamentary privileges, looking at their development across time and current problems. It gives a thorough analysis of these advantages within the Indian legal system, covering their reach, their immunities, and the precarious balance between accountability and immunity. The research reveals different approaches to parliamentary privileges in various democratic systems through a comparative lens with Australia. The study fervently supports the codification of privileges as a revolutionary step towards enhancing accountability, transparency, and efficient governance. To eloquently depict the complex challenges legislators face while juggling their advantages in the face of the demand for responsible behaviour, a captivating Indian case study is explored. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 118-140. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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THE COERCIVE POWER OF THE STATE AND ITS RELEVANCE IN MODERN DEMOCRACY

Volume 1 Issue IV /

THE COERCIVE POWER OF THE STATE AND ITS RELEVANCE IN MODERN DEMOCRACY SAURABH KUMAR, Student, LLM, Criminal Law At Chanakya National Law University, Mithapur , Patna (Bihar). Download Manuscript ABSTRACT The interplay between the coercive power of the state and the principle of democracy presents a nuanced and complex dynamic, particularly in the context of modern democracies like India. This abstract explores the relevance of coercive power in safeguarding national security while upholding democratic values, focusing on India’s intricate socio-political landscape. In India, a diverse and vibrant democracy, the state’s exercise of coercive power often intersects with the imperatives of national security. This abstract delves into the multifaceted relationship between coercive power and national security, analyzing the theoretical justifications, practical implications, and ethical considerations inherent in the Indian context. It examines historical events and contemporary challenges, shedding light on how the state’s coercive measures have shaped India’s security policies and democratic ethos. The abstract emphasizes the delicate balance required to reconcile the state’s security imperatives with the preservation of individual rights and democratic principles. It explores the challenges faced by India in navigating this balance, including the impact of conflicts, insurgencies, and terrorist threats on civil liberties. Additionally, it highlights the role of oversight mechanisms, judicial review, and legislative checks in ensuring accountability and transparency in the exercise of coercive power. Through case studies and analysis, the abstract underscores India’s ongoing efforts to adapt its legal and policy frameworks to address emerging security threats while safeguarding democratic values. It discusses key milestones in India’s history, such as the Emergency in 1975 and the 2008 Mumbai attacks, to illustrate the complexities of balancing security and liberty. Moreover, it explores contemporary issues such as internet shutdowns and data privacy concerns in the digital age, reflecting India’s evolving approach to coercive power in a dynamic socio-political landscape. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 377-394. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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