Mains Daily Question
Jan. 12, 2024
Q1. The 'Powers, Privileges and Immunities of Parliament and its Members' as envisaged in Article 105 of the Constitution leave room for a large number of uncodified and unenumerated privileges to continue. Assess the reasons for the absence of legal codification of the 'parliamentary privileges'. How can this problem be addressed? (10M/150W)
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Approach: Introduction: Mention article related to Privileges of Parliament and explain its meaning Body: Heading 1: Reasons for the Absence of Legal Codification of the ‘Parliamentary Privileges’: Explain reasons for non-codification of parliamentary privileges. Heading 2: Possible solutions: Provide solutions for codification of the privileges Conclusion: Mention both issues and benefits of codification of parliamentary privileges. |
Answer:
Parliamentary privileges are defined in Article 105 of the Indian Constitution. Parliamentary privileges are the rights and immunities enjoyed by members of Parliament (MPs) in India to enable them to discharge their duties and functions without interference or intimidation. The exact nature of these rights has been questioned due to their insufficient codification, even though their goal is to ensure the legislative branch operates effectively.
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Additional information: (add in the form of mind map) Problems with the absence of codification:
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Reasons for Non-Codification of the ‘Parliamentary Privileges’:
- Political Considerations: Different political parties may have varying views on the extent of these privileges and attempts to codify them may face opposition due to partisan considerations.
- Parliamentary Autonomy: Parliamentarians often assert the principle of parliamentary autonomy, as they are best positioned to govern their own affairs.
- Diverse Sources: Codification of parliamentary privileges is a complicated undertaking since they are derived from a variety of sources including the Constitution, laws passed by Parliament, house rules, conventions and judicial interpretations.
- Open to manipulation and abuse: A comprehensive list of codified privileges could be open to manipulation and abuse by members, raising concerns about accountability and public trust.
Possible solutions:
- Comprehensive Legislation: For specifically addressing parliamentary privileges. This legislation should clearly define the scope and limits of privileges.
- Establishing a Parliamentary Privileges Committee: For regularly reviewing and updating the guidelines related to privileges.
- Codification of Contempt Laws: Codify laws related to contempt of Parliament to provide a clear framework for what constitutes contempt, the procedures for addressing it and the limits of parliamentary authority in this regard.
- Judicial Oversight: There should be a clear process for judicial assessment where parliamentary privileges seem to conflict with fundamental rights or other legal rules.
Parliamentary privileges are crucial for preserving the dignity and efficacy of Parliament. However, their partial codification has resulted in ambiguities and potential overreach. Comprehensive codification, balanced with fundamental rights is necessary to uphold the sanctity of the democratic process, ensuring Parliament remains a beacon of democracy rather than a realm of unchecked power.
