Highlight the key differences in the scope of Freedom of speech and expression as provided under Parliamentary privileges vis-à-vis fundamental rights. Why is it necessary to maintain a balance between Parliamentary privilege and fundamental rights?

Freedom of Speech and Expression is provided under article 19(1)b of Constitution. Freedom of Speech and Expression Parliamentary privileges broad under article 105. Parliamentary Freedom: Absolute in nature → How number of restriction. Confin with subject freedom of speech and expression. → Enforcement by Rajasthan, speech. Infringement. → Enforcement by Range eq., unity subject freedom of speech and expression. → Enforcement by Karnataka, speech Infringement.

Necessary to balance: (1) Unlimited power to legislate to prevent scrutiny feel the feet of liberal democracy. (2) Engulf chilling effect on fundamental right of individual (freedom of press). (3) Punishment by legislature in case of violation of privileges lead to violation of separation of power. (4) Sndia follows constitutive sovereignty rather than parliamentary sovereignty → callification of parliamentary privileges. → Judiciary to announce the punishment for outsider violating parliamentary privileges. → Constructive equilibrium should not be violation of privileges.

— Mohan Lal · AIR 53