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Rajya Sabha's Role Part Of Basic Structure, Rajya Sabha Elections Protected By Legislative Privileges Under Article 194 : Supreme Court

Awstika Das

4 March 2024 7:54 PM IST

    • Rajya Sabhas Role Part Of Basic Structure, Rajya Sabha Elections Protected By Legislative Privileges Under Article 194 : Supreme Court

    The constitution bench has clarified the 2006 Kuldip Nayar judgment where the court had rules that Rajya Sabha elections were not proceedings of the legislature within the meaning of Article 194 but a mere exercise of franchise.

    In a significant development, the Supreme Court on Monday (March 4) declared that Rajya Sabha elections are within the remit of Article 194(2) of the Constitution, clarifying its 2006 Kuldip Nayar judgment. Noting that the role of the parliament's upper house was a part of the basic structure of the Constitution, it held that parliamentary privileges under Articles 105(2) and 194(2) could not...

    Tags
    Supreme CourtSupreme Court of IndiaSita Soren v Union of IndiaSeven-Judge BenchSeven-Judge Constitution BenchParliamentary PrivilegeParliamentary Immunity
    Awstika Das

    Awstika Das

    Awstika Das, an alumna of the Faculty of Law at the University of Delhi, and the Department of International Relations at Jadavpur University, is a Delhi-based lawyer and a multimedia journalist. She works as a special correspondent covering the Indian Supreme Court. She also hosts a weekly legal news round-up segment on YouTube.

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