Parliamentary privileges ensure legislative independence but remain uncodified, leading to misuse. Explore their significance, issues, and the need for reforms.
theIASHub | 10 May, 2025
Parliamentary privileges are essential for the smooth functioning of the legislature, allowing its members to perform their duties without external interference. However, the absence of codification and instances of misuse raise concerns about accountability and transparency. This article explores the meaning, types, significance, challenges, and the need for reforms in parliamentary privileges.
Parliamentary privileges refer to special rights, immunities, and exemptions granted to:
These privileges enable lawmakers to perform their duties effectively and are guaranteed under Article 105 (for Parliament) and Article 194 (for State Legislatures) of the Indian Constitution.
When these rights are disregarded or violated by an individual or authority, it is termed a breach of privilege, which is punishable by Parliament.
The Constitution mandates Parliament to define its privileges through law. However, no law has been enacted so far, leaving these privileges uncodified and subject to interpretation.
Privileges shield MPs from executive influence, allowing them to function independently without fear of pressure or intimidation.
MPs can express their views freely in Parliament, facilitating informed debates and decision-making.
By ensuring access to government information, privileges help MPs oversee the executive and uphold democratic principles.
They protect the dignity and honor of the legislature, ensuring that MPs can function without obstruction.
MPs decide their own privileges, determine breaches, and impose punishments—violating the principles of natural justice.
Freedom of speech is sometimes misused to turn Parliament into a battleground of disruptions instead of meaningful deliberations.
Legal immunity for MPs’ words and actions in Parliament limits scrutiny, potentially fostering corruption and lack of oversight.
Closed-door parliamentary proceedings can reduce transparency, contradicting the principles of good governance.
Parliamentary privileges create a power imbalance by granting special rights to MPs that are not available to ordinary citizens.
Codification would subject privileges to citizens’ fundamental rights, ensuring they are within judicial purview and preventing absolute parliamentary sovereignty.
Clearly defining privileges would provide specificity and accountability, ensuring that they are not misused.
A codified framework can include mechanisms to prevent disruptions and misuse, ensuring smoother parliamentary proceedings.
Codification would ensure uniform application of privileges across states and legislative bodies, avoiding discrepancies.
A well-defined structure increases transparency and public confidence, reinforcing trust in legislative institutions.
Parliamentary privileges are essential for ensuring the independence of the legislature. However, the absence of codification has led to misuse, lack of transparency, and accountability concerns. Codifying these privileges can help strike a balance between legislative independence and democratic accountability, ensuring that Parliament remains a "temple of discussion and deliberation" rather than a center of disruption.
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