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Abstract

This article proposes a novel interpretation of the conflict between the two constitutional principles of parliamentary privilege and freedom of speech. The author argues that the combined effect of the 42nd and 44th Constitutional Amendments was to lower the status of parliamentary privileges from being part of the original constitution, to being introduced into the Constitution through an amendment. This would make these privileges subject to basic structure review and, by implication, subject to Art. 19(1)(a).

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