REVISITING THE BASIC STRUCTURE DOCTRINE AND CONSTITUTIONAL MORALITY: THE IMPLICATIONS OF GRANTING PARLIAMENTARY PRIVILEGE TO BRIBERY

Abstract

practices vis-à-vis parliamentary privileges to the fore. This paper delves into the relationship between bribery and parliamentary privileges from the perspective of the basic structure doctrine and the concept of constitutional morality. The purpose of this piece is not to delve into the technicalities of each case, but to explore the implications of the inclusion of bribery on overarching constitutional values. First, it provides a brief context of the concept of parliamentary privileges in India. Then it examines the relationship of such privileges with the basic structure doctrine and constitutional morality to analyse the impact of the inclusion of bribery on the features of these principles such as the rule of law, democracy, free and fair elections, justice, equality, etc. Second, other areas of jurisdictions including England, Australia, the USA, etc. which have excluded such corrupt practices from the ambit of parliamentary privileges have been presented to verify the possibility of choosing a similar approach for the Indian context. Third and finally, the paper concludes by highlighting that a grant of immunity to bribery would violate the basic structure doctrine and transcend constitutional morality, and thus be disallowed from immunity.