UPSC Mains 2014 · GS II · Q3 · 12.5 marks · 200 words

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 un-codified and un-enumerated privileges to continue. Assess the reasons for the absence of legal codification of the 'parliamentary privileges'. How can this problem be addressed ?

हिन्दी में

संसद और उसके सदस्यों की शक्तियां, विशेषाधिकार और उन्मुक्तियां (इम्यूनिटीज़), जैसे कि वे संविधान की धारा 105 में परिकल्पित हैं, अनेकों असंहिताबद्ध (अन-कोडिफ़ाइड) और अ-परिगणित विशेषाधिकारों के जारी रहने का स्थान खाली छोड़ देती हैं। संसदीय विशेषाधिकारों के विधिक संहिताकरण की अनुपस्थिति के कारणों का आकलन कीजिये। इस समस्या का क्या समाधान निकाला जा सकता है ?

Parliament

How a topper answered the closest question

Toppers wrote this one in a test series: “There seems to be no end to the debate surrounding the nature and extent of parliamentary privileges. In this regard, assess the need for their codification. Also, highlight the judicial pronouncement in the direction of bringing clarity to parliamentary privileges.”

Ghazalpreet KaurAIR 529 · CSE 2022 · 276 wordsTheir whole copy

Opening · a definition

Parliamentary privileges are the immunities (both individual and collective) given to the members of Parliament to perform their parliamentary duties and responsibilities without any fear and favour (Article 105). Article 105 says that originally only two privileges given i.e.

Body · points and prose

eges

  • Arrow 1: Freedom of speech of MPs upheld
  • Arrow 2: Important in parliamentary form of government

Article 105 says that originally only two privileges given i.e.

  • MPs to have freedom to speak in Parliament
  • Parliament can decide allow or forbid anyone

Rest taken from House of people and Upper house of U.K. Thus there is no codification done yet.

Issues due to non-codification:-

  1. No fine balance between citizen's Fundamental right to speech and expression and Parliamentary privileges
  2. Constructive criticism of Parliament and MPs disallowed
  3. Overuse of sedition (section 124A of IPC) on presentation of even true reports of Parliament
  4. Criminals as law makers with no accountability
  5. Parliamentary reports not made public

Need for Parliamentary privileges:

  1. protect Right to free speech of citizens

  2. uphold the Principle of parliamentary form of representative democracy where representatives have to be accountable

  3. Even though India does not have Parliamentary sovereignty like U.K. therefore copying U.K.'s model of Parliamentary privileges is not good for India's Model of Supremacy of Constitution

  4. Supreme court (SC) in many judgements upheld the need for codification of Parliamentary privileges eg -

Close · a way forward

M.S.M. Sharma case => SC upheld that today's MPs are not freedom fighters like the ones during early years of independence who were acting fully in Nation's interest. Therefore need for Parliamentary privileges to be codified to avoid their misuse by the legislators.

=> It impinges on constitutionalism.

Codification of Parliamentary privileges is the need of hour to uphold supremacy of Constitution and make Parliament and its members more responsible and accountable.

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Source: UPSC, Civil Services (Main) Examination 2014, General Studies Paper II, Q3. The paper on upsc.gov.in. Themes and links to toppers’ answers are by UPSC Grade, not by UPSC.