need to codify parliamentary privileges?
Parliamentary privileges are mentioned under article 105 of the Indian constitution. But still they are not being codified. In constituent assembly debate Dr Ambedkar said that “we are mentioning parliament privileges as British parliament has , whenever it became necessary to codify it , parliament will have power to codify”. But after the 73 years of the commencement of constitution,we couldn’t make it possible to codify parliamentary privileges.
What is Parliamentary privileges?
Parliamentary privileges are a set of special legal immunities and powers granted to members of parliament, which are essential for the proper functioning of democratic systems worldwide. These privileges, deeply rooted in history and tradition, serve to protect the integrity of the legislative process and the independence of elected representatives.
One of the most fundamental parliamentary privileges is freedom of speech. This allows members of parliament to express their views and opinions without fear of legal repercussions. It ensures that elected representatives can debate issues freely, question the government, and represent the interests of their constituents without censorship or intimidation.
Another crucial privilege is the freedom from arrest. This privilege ensures that members of parliament cannot be detained while attending parliamentary sessions or engaged in parliamentary work, unless in cases of serious criminal offenses. This safeguard is vital to prevent any undue influence or interference in the functioning of the legislature.
Parliamentary immunity is another important privilege. It shields members of parliament from civil or criminal liability for actions or statements made in the course of their parliamentary duties. This protection enables open and uninhibited discussions within the parliament, fostering an environment where elected officials can make difficult decisions without the fear of legal consequences.
Access to information is a privilege that grants MPs access to sensitive and confidential information necessary for their legislative duties. This includes classified documents and briefings on national security matters, which help lawmakers make informed decisions on important issues.Additionally, parliamentary privileges extend to the control over their internal affairs. This means that the parliament has the authority to manage its own affairs, including the discipline of its members, without external interference.
Why to codify parliamentary privileges?Speaker has a power to action against parliamentarians if any contempt of house happens.
Like- BJP MP Ramesh Chandra Bidhuri used abusive words for BSP MP Danish Ali. This incident is really a contempt of the house as well as breach of privileges. Speaker through his discretionary power should expel MP Bidhuri and punish him under the code of parliamentary conduct for using unparliamentary language.
But it is the harsh reality of our parliamentary system that speaker can not mentioned it’s neutrality and finally in favour of his own mother party ,he did not take action against MP Bidhuri.If Parliamentary privileges will be codify then only misconduct in house will be punished according to prescribed law.
