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Revisiting the Basic Structure Doctrine and Constitutional Morality: The Implications of Granting Parliamentary Privilege to Bribery

Muskan Suhag talks about the recent Sita Soren v. Union of India, in light of parliamentary privileges and its relationship with the basic structure doctrine and constitutional morality. It examines the relationship of these privileges with the basic structure doctrine and constitutional morality, analysing how the inclusion of bribery affects principles like the rule of law, democracy, free and fair elections, justice, and equality. It proceeds to review how other jurisdictions, including England, Australia, and the USA, have excluded corrupt practices from the scope of parliamentary privileges to consider the feasibility of adopting a similar approach in India. Finally, the paper concludes by asserting that granting immunity to bribery would violate the basic structure doctrine and constitutional morality, and therefore, should not be allowed.



CALJ Volume VIII Issue II_Muskan Suhag
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