Codification Of Parliamentary Privileges- Why It Is Absolutely
1396 WordsMar 6, 20176 Pages
CODIFICATION OF PARLIAMENTARY PRIVILEGES- WHY IT IS ABSOLUTELY NECESSARY?
No law per to the provisions contained under Article 105(3)and 194(3) of the Constitution of India has been made so far with regard to the codification of the ‘other’ privileges, which is contrary to very intent and desire of the founding fathers. Even in the United Kingdom, the law with regard to the Parliamentary Privileges has undergone tremendous change since 1950, however, the Indian Legislatures have still not realized the need for a step to be taken towards the improvisation and evolution of the law which earlier prevailed in the House of Commons at the time of the commencement of the Constitution of India. The apprehension resisting this kind of an evolution…show more content…
There is no doubt that there is an absolute requirement to confer upon the Parliament certain powers, immunities and privileges to ensure its independent functioning and also for the preservation of its prestige and dignity. However, it is also absolutely necessary that such powers and privileges are made use of in a responsible and diligent manner and in accordance with the principles of natural justice and the other provisions enshrined under Part-III of the Constitution of India. For the purpose of securing greater clarity and certainty with respect to the provisions contained under Article 105(3) (and also Article 194(3)), it is necessary that constitutional mandate contained in the first part of the above provisions be implemented and thereby, the privileges also be codified. Moreover, it is completely baseless to consider that the codification of the Parliamentary Privileges would result in the detraction from the prestige and sovereignty of the Parliament. In fact, if