Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986

 The Dr. D.C. Wadhwa & Ors. vs. State of Bihar & Ors. case of 1986 is a cornerstone in the Indian judicial history, highlighting the delicate balance of power between the executive and legislative branches of government . The case stemmed from a practice that had become routine for the Bihar government: the re-promulgation of ordinances without legislative approval, a process that Dr. D.C. Wadhwa, an economics professor, found to be a subversion of democratic principles . The Supreme Court's decision in this case was a resounding affirmation of constitutional law and its supremacy over executive convenience. By declaring the practice of re-promulgating ordinances without legislative consent as unconstitutional, the court reinforced the necessity of legislative scrutiny and the impermanence of ordinances, which are meant to be emergency measures, not a backdoor for enacting laws. This landmark judgment serves as a reminder of the importance of checks and balances within

🌟Privilege Committee🌟

📌About Committee of Privileges:
✍️It is a Standing Committee.
✍️ It came into being on 7 January 2013 as one half of the replacements for the Committee on Standards and Privileges.
✍️The functions of this committee are "Semi-judicial" 
✍️ Aimed to examine cases if breach of priviledges of the House and it's mrmbers and recommends appropriate action.
📌Members in Rajya Sabha - 10, nominated by Chairman .
📌 Members in Lok-Sabha - 15
 nominated by the Speaker .
✍️In the Rajya Sabha, the deputy chairperson heads the committee of privileges.

🌟Powers and Functions:

✍️The committee examines every question involving a breach of privilege of the House or of the members or of any Committee thereof referred to it by the House or by the Speaker/Chairman. 
✍️It also determines with reference to the facts of each case whether a breach of privilege is involved and makes suitable recommendations in its report.
✍️In Rajya - Sabha When a question of privilege is referred to the Committee by the House, the report of the Committee is presented to the House by the Chairman or, in his absence, by any member of the Committee.
✍️In Lok-Sabha Where a question of privilege is referred to the Committee by the Speaker, the report of the Committee is presented to the Speaker who may pass final orders thereon or direct that it be laid on the Table of the House.
✍️Apart from the privileges as specified in the Constitution, the Code of Civil Procedure, 1908, provides for freedom from arrest and detention of members under civil process during the continuance of the meeting of the House or of a committee thereof and forty days before its commencement and forty days after its conclusion.
It needs to be noted that the Parliament, till now, has not made any special law to exhaustively codify all the privileges.

🌟 Parliamentary Priviledges

✍️The parliamentary privileges for "President" has been provided in Article 361,which do not extend to the President who is also an integral part of the Parliament. 
Article 105 of the Constitution expressively mentions two privileges, i.e.,
✍️ freedom of speech in Parliament 
✍️right of publication of its proceedings.
🌟Rules governing Privilege
✍️Rule No 222 in Chapter 20 of the Lok Sabha Rule Book and correspondingly Rule 187 in Chapter 16 of the Rajya Sabha rulebook governs privilege.

🌟What does the laws states
✍️Rules states that a member may, with the consent of the Speaker or the Chairperson, can raise a question involving a breach of privilege either of a member or of the House or a committee thereof.

✍️ Individuals Privileges
During the session of legislature, from 40 days before the beginning to 40 days after the finish, no member may be arrested.This privilege is only granted in civil matters; it is not granted in criminal or preventive detention situations. 

✍️  Collective Privileges - 
The reports, debates and proceedings can be published or denied to be published by the Indian parliament.

📌 44th Amendment Act allowed the media to publish the true reports of the parliamentary proceedings except the same related to the house’s secret sitting. 


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