Roadmap for Answer Writing
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Introduction
- Briefly introduce Article 105 of the Indian Constitution, highlighting its provision for the powers, privileges, and immunities of Parliament and its members.
- State the significance of these privileges for parliamentary functioning and the controversy surrounding their lack of full codification.
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Body
- Reasons for the Absence of Legal Codification
- Historical Legacy: Explain how these privileges are derived from the British parliamentary system, which has influenced India’s legal framework.
- Flexibility & Autonomy: Discuss the importance of flexibility in an un-codified system, allowing Parliament to adapt to new situations without rigid constraints.
- Diverse Sources: Highlight the various sources of parliamentary privileges, including the Constitution, laws, conventions, and judicial interpretations, making codification complex.
- Misconceptions and Misinterpretations: Address the prevalent misunderstandings among MPs regarding the scope and limits of their privileges, which can lead to misuse.
- Addressing the Problem
- Comprehensive Codification: Suggest conducting a detailed review with input from parliamentarians, legal experts, and stakeholders to codify privileges clearly.
- Judicial Oversight: Propose a mechanism for judicial scrutiny to resolve conflicts between parliamentary privileges and fundamental rights.
- Education and Awareness: Emphasize the need for programs to educate MPs about their privileges and responsibilities.
- Balancing Privileges with Rights: Stress the importance of ensuring that codified privileges do not infringe upon fundamental rights.
- Periodic Review: Recommend instituting regular reviews of codified privileges to ensure they remain relevant and in line with democratic values.
- Reasons for the Absence of Legal Codification
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Conclusion
- Summarize the key points discussed about the need for a clearer framework for parliamentary privileges and the importance of balancing these privileges with the rule of law and fundamental rights.
Absence of Legal Codification of Parliamentary Privileges
Reasons for Absence of Codification
Addressing the Problem
Conclusion Codifying parliamentary privileges is complex but can be addressed through legislative, judicial, and review mechanisms to ensure clarity, adaptability, and fairness in their application.
Model Answer
Introduction
The Indian Constitution, under Article 105, provides for the powers, privileges, and immunities of Parliament and its members. While these privileges are meant to facilitate parliamentary functioning, their partial codification raises concerns about clarity and accountability.
Reasons for the Absence of Legal Codification
Addressing the Problem
Conclusion
While parliamentary privileges are vital for maintaining the dignity and efficacy of Parliament, their ambiguous nature due to partial codification poses challenges. By pursuing comprehensive codification and ensuring a balance with fundamental rights, the sanctity of India’s democratic process can be preserved, reaffirming Parliament’s role as a cornerstone of democracy.