The powers, privileges & immunities of parliament & members as enshrined in Article 105 of the Constitution are addressed?
Introduction
Article 105 at union level and Article 194 at state level provides for privileges & immunities.
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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
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
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Abhishek Singh
Parliament and State Legislatures - Structure, Functioning, Powers & Privileges
Powers and Privileges
Parliamentary Immunities and Privileges
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analytical
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