Question

In case of conflict between the 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 fundamental rights are enforceable. They are placed at the apex of every other part present in the Indian constitution. But parliament is responsible for all the proceedings that take place.

Complete Step by step answer –
The fundamental rights are placed in the third part of the Indian constitution. They are placed between article 12 and article 35. There are a total of six fundamental rights namely the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational right, right to property, and right to constitutional remedies. No one can violate these rights, and in case if anyone does it, the person can directly go to the Supreme court of India. All these rights are applicable to all the citizens of the country irrespective of caste, race, birthplace, religion, gender, and sexual orientation. Out of all these rights, articles, 20 and 21 are never suspended during an emergency, and article 19 is suspended during an emergency. The parliament consists of the president, Lok sabha, and Rajya sabha. Lok Sabha is the lower house of the parliament and Rajya Sabha is the upper house of parliament.
Additional Information – The parliament can be referred to as the supreme legislative body. The parliament is a bicameral legislature. The parliament was founded on 26 January 1950. Although fundamental rights are placed above all parliamentary privileges will prevail if it will not violate the procedure.

The correct answer is option D.

Note – The Lok Sabha or the lower house of the parliament was founded on 17 April 1952. The tenure of Lok Sabha is 5 years. The Rajya Sabha was founded on 3 April 1952. The tenure of Rajya Sabha is 6 years.