Q18.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?

Article 105 grants Parliament and its members powers, privileges, and immunities, largely based on the UK House of Commons at the Constitution's commencement, essential for their effective functioning.

Reasons for Absence of Legal Codification

• Fear of judicial scrutiny, potentially limiting parliamentary supremacy.
• Desire for flexibility to address unforeseen situations.
• Historical legacy of the Westminster model.
• Lack of political consensus among parties on their scope.

Problems and Measures to Address

Uncodified privileges lead to ambiguity, potential arbitrary exercise, and conflicts with fundamental rights. To address this:

• Partial codification of essential privileges, defining their scope and limitations.
• Establishing a Joint Parliamentary Committee for comprehensive review and recommendation.
• Developing a robust code of conduct and strengthening internal parliamentary mechanisms for self-regulation and accountability.

Balancing parliamentary autonomy with accountability through codification is crucial, ensuring privileges serve their purpose without infringing on citizens' rights.