Question

In case of conflict between fundamental rights of citizens and privileges of parliament ______________________

A. Parliamentary privilege with true supremacy
B. Fundamental Rights will prevail over privilege
C. Some of the Fundamental rights are sacrosanct over which privileges will not prevail
D. Generally, parliamentary privileges will prevail but parliament while acting against the Fundamental rights of citizens, should not violate due process of law

Answer 1

Hint:
The privileges of Representatives of our Parliament must have been the same as that of House members of Commons (as they were at the beginning of the Constitution) before our Parliament actually adopts legislation on privileges in full or in part

Complete answer:
Parliamentary privileges were some rights and immunities exercised by Members of Parliament, both collectively and individually so that they can "efficiently perform their duties."

In our democratic system, where Parliament holds practically absolute powers, there is no government challenge, to the legislative body. In fact, privileges are becoming an instrument for the ruling party. The case of the Karnataka Assembly, which levied fines and prison sentences on two journalists for publishing something against the Speaker while he was a legislator and against another legislator, has once again resurrected the discussion on the need to codify privileges and give priority to the right of a citizen to free speech over parliamentary privileges.

The Constitutional Review Commission led by Chief Justice M.N. Venkatachaliah proposed that rights should be established and defined for the free and autonomous operation of the legislatures.

In a case, which was dealt before, the Supreme Court stated that, in the event of a dispute between the current privileges of the Parliament and the fundamental rights of the person, the former shall prevail.

Thus, if there is a dispute between parliamentary privileges and fundamental rights, it should be kept in mind that, though at the same time giving weight to parliamentary privileges, due legal process, which is fair and equitable, should not be breached in the due process by limiting any fundamental right.

Therefore, the correct answer is D

Note:
The categorization of privileges is essentially opposed since it would make privileges subject to constitutional rights and thus to judicial review and the creation of new privileges impossible.