← All questionsGS2 · 2014 · Polity & Constitution ·Codifying Parliamentary Privileges
MAINS 2014
GS2
12.5 marks

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 parliamentary privileges. How can this problem be addressed?

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9 min
200 words

What the examiner wants

Assess why parliamentary privileges under Art 105 remain uncodified and suggest how to address it.

Assess + SuggestWeigh the evidence and say how far the claim holds. Propose specific, workable measures.

Demand-wise check

  1. 1Present position: Art 105(1), (2) explicit; Art 105(3) left others to be defined by law; until then those of House of Commons (reference removed by 44th Amendment 1978, but position unchanged)≈35 words
  2. 2Reasons for non-codification: fear that a law would be subject to judicial review and Fundamental Rights (Art 13); flexibility to deal with new situations; legislature as judge of its own privileges≈35 words
  3. 3Problems: uncertainty, conflict with press freedom and citizens' rights, misuse against critics≈35 words
  4. 4Solutions: codifying law with clear list and procedure, judicial review on limited grounds, ethics committees, model of Australia (Parliamentary Privileges Act 1987)≈35 words

Open in about 30 words and close in about 30.

Answer plan

Constitutional positionReasons for not codifyingProblemsWays forwardConclusion

Where marks usually go

  • Explaining privileges in general without assessing the reasons
  • No case law on conflict between privilege and rights

Draw this

  • Table: argument for codification vs against

Value addition

  • CaseKeshav Singh case (Special Reference No. 1 of 1964): courts can examine legislative privilege where fundamental rights are affected.Supreme Court, 1964
  • CaseSita Soren v Union of India (2024): seven judges overruled P.V. Narasimha Rao (1998), holding that bribery by legislators is not protected by Art 105/194.Supreme Court, 2024
  • CaseRaja Ram Pal (2007): expulsion of MPs for cash-for-query upheld, but privilege actions are subject to judicial review.Supreme Court, 2007

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