AS

Abhishek SinghAIR 1035· 2023

Question Q.3GS2GS2

The powers, privileges & immunities of parliament & members as enshrined in Article 105 of the Constitution are addressed?

Open scan (p.4)

Introduction

Article 105 at union level and Article 194 at state level provides for privileges & immunities.

16 words

Main Body

Privileges Collective: To house, it committee, to safeguard dignity of house, etc. Individual: To its members, injure etc. Article 105 gives power to parliament to make law w.r.t privileges and immunities, but no law has been made. Reason for absence of legal codification: (1) Independence of house & Parliament is free to conduct its own affairs in the manner it wants. Any codification may limit this independency. (2) Judicial scrutiny: Any codification w.r.t law will invite judicial scrutiny which may limit dignity of house and hinder functioning of parliament (3) Freedom of speech: In M/S sharing case SC ruled that privileges of members are above freedom of speech. Codification may change this difficulty. (4) Lack of political will: making a law will also bring public scrutiny of political executives. Addressing the problem: Case for codification (1) Against justice principle: of 'No one can be judge in its own case'. (2) Best practices of country like Australia, NewZealand can be adopted who have properly codified it. (3) Engaging all stakeholders across & including judiciary for Consultatio to avoid it from future legal trouble. (4) Codification will lead to better functioning of Parliament Power Corrupt 'But absolute power corrupts absolutely'. Various Commissions like M. Venkatchellah Commission, have pointed the need for codification which define the limits the powers of parliament to uphold Rule of law & Constitutionalism

225 words1 paragraphs

Conclusion

Power Corrupt 'But absolute power corrupts absolutely'. Various Commissions like M. Venkatchellah Commission, have pointed the need for codification which define the limits the powers of parliament to uphold Rule of law & Constitutionalism

34 words

Topper

Abhishek Singh

AIR 10352023Polity

Subject & Paper

GS2GS2

Topic

Parliament and State Legislatures - Structure, Functioning, Powers & Privileges

Powers and Privileges

Parliamentary Immunities and Privileges

Writing Stats

275

Total words

1

Paragraphs

analytical

Tone