GS Question

The absence of legal codification of parliamentary privileges can be attributed to several reasons:

1. Historical evolution: Parliamentary privileges have their roots in medieval England and have evolved over centuries. They were initially granted to protect members from prosecution by the monarchy for raising issues of public concern and evolved to ensure the independence and functioning of the legislature. Due to their historical development, these privileges were never codified into law.

2. Flexibility and adaptability: Parliamentary privileges are dynamic and need to be flexible to meet the evolving needs of the legislature. By not codifying them, the privileges can be interpreted and applied as per the changing circumstances. This flexibility allows privileges to be adapted to the requirements of a modern democratic system.

3. Separation of powers: Codifying parliamentary privileges would require the interference of the judiciary or the executive, which would infringe upon the principle of separation of powers. It is important to maintain the autonomy and independence of the legislative branch, and codifying privileges could jeopardize this balance.

4. Political considerations: The lack of codification allows parliamentarians to exercise a wide range of privileges, which can be advantageous for political purposes. Politicians may be hesitant to codify privileges as it could lead to a reduction in those privileges or the imposition of stricter regulations.

To address the problem of un-codified and un-enumerated privileges, the following steps can be taken:

1. Framing a comprehensive legislation: Parliament can pass a legislation that clearly defines and codifies the privileges and immunities of its members, ensuring they are in line with democratic principles and constitutional rights.

2. Judicial interpretation: In the absence of a codified law, the judiciary should play an active role in interpreting and defining the scope of parliamentary privileges. Judicial rulings can help establish a legal framework that balances the privileges with the rights of individuals and the principles of democracy.

3. Parliamentary committees or commissions: Establishing a parliamentary committee or commission dedicated to examining and recommending reforms to parliamentary privileges can help in addressing any abuses or inconsistencies. This would bring transparency and accountability to the process.

4. Public participation: The issue of parliamentary privileges should involve public discourse and debate. Public input can help identify areas of concern and ensure that the privileges granted to the legislature are consistent with the aspirations and expectations of the citizens.

By taking these steps, the problem of un-codified and un-enumerated privileges can be addressed, ensuring that the exercise of parliamentary privileges is consistent with democratic principles, constitutional rights, and the overall functioning of a modern legislature.