Roadmap for Answer Writing

1. Introduction
   • Define parliamentary privileges.
   • Briefly mention their purpose and significance in the legislative framework.
2. Types of Parliamentary Privileges
   • Collective Privileges:
     • Explain collective privileges such as exclusion of strangers, holding secret sittings, and the power to regulate proceedings.
   • Individual Privileges:
     • Discuss individual privileges like protection from arrest during sessions and immunity from legal proceedings for statements made in Parliament.
3. Significance of Parliamentary Privileges
   • Emphasize how these privileges enable Parliament members to perform their duties effectively without fear of legal repercussions.
4. Need for Codification
   • Ambiguity and Misuse: Discuss the vagueness of existing privileges and instances of misuse, such as in the case of P.V. Narasimha Rao vs. CBI (1998).
   • Comparative Analysis: Mention how other countries like Australia and Canada have codified their parliamentary privileges, enhancing transparency and accountability.
   • Constitutional Provision: Refer to Article 105(3) as a transitional provision suggesting the need for a formal statute.
5. Challenges of Codification
   • Discuss potential issues, such as limiting parliamentary flexibility and making privileges subject to judicial scrutiny, which might hinder legislative function.
6. Conclusion
   • Summarize the importance of codifying parliamentary privileges for clarity and accountability while balancing them with democratic principles.

Relevant Facts for the Answer

1. Definition and Source:
   • Parliamentary privileges are special rights and immunities enjoyed by Parliament members to effectively perform their duties (Source: Article 105 of the Indian Constitution).
2. Types of Privileges:
   • Collective privileges include excluding non-members from sessions and regulating their own procedures.
   • Individual privileges protect members from arrest during sessions (Source: Article 105 and Article 194).
3. Case Example:
   • The Supreme Court case P.V. Narasimha Rao vs. CBI (1998) highlighted misuse of privileges when bribe-takers were found immune from prosecution (Source: Supreme Court judgments).
4. Need for Codification:
   • The privileges can be vague, leading to misuse, as seen in the above case. Other democracies have codified privileges to ensure accountability (Source: Comparative constitutional studies).
5. Transitional Nature:
   • Article 105(3) suggests that a statute for codification was anticipated by the framers of the Constitution, indicating the need for clarity (Source: Constituent Assembly debates).

By following this roadmap, you can effectively address the question and present a comprehensive understanding of parliamentary privileges and the need for their codification.