“CODIFICATION OF PARLIAMENTARY PRIVILEGES IN INDIA AN EVALUATIVE STUDY”

AUTHOR – SAKSHI ANDHARE, STUDENT AT DECCAN EDUCATION SOCIETY’S SHRI. NAVALMAL FIRODIA LAW COLLEGE, SAVITRIBAI PHULE PUNE UNIVERSITY, PUNE

BEST CITATION – SAKSHI ANDHARE, “CODIFICATION OF PARLIAMENTARY PRIVILEGES IN INDIA AN EVALUATIVE STUDY”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (4) OF 2026, PG. 622-629, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Parliamentary privileges safeguard legislative independence but their uncodified nature in India raises concerns over ambiguity and misuse. Codifying these privileges can bridge the gap between legislative authority and citizens’ rights in a modern democracy.  The concept of parliamentary privileges, rooted in British constitutional practices, was adopted in India post-independence. Article 105 of the Indian Constitution grants privileges to Parliament and its members but leaves them largely undefined, relying on conventions and judicial interpretations. Over the years, courts have played a pivotal role in shaping the understanding of these privileges, yet their uncodified status has often led to conflicts between the legislature, judiciary, and public.In India, parliamentary privileges remain uncodified, leading to debates over their scope and misuse. While these privileges are intended to ensure legislative independence, their ambiguous nature has led to controversies, including allegations of overreach and suppression of dissent. Codification is increasingly seen as a way to provide clarity, prevent misuse, and balance the rights of citizens with legislative autonomy.The study evaluates the need for codifying parliamentary privileges to address the ambiguities arising from their undefined nature. Codification would enhance transparency, accountability, and democratic balance by establishing clear boundaries and ensuring their consistent application. The lack of codification creates uncertainty, leading to potential misuse of privileges, conflicts with other constitutional authorities, and a lack of accountability to the public. This research seeks to evaluate whether codification can resolve these issues without compromising legislative independence.Codifying parliamentary privileges in India ensures clarity and accountability but may limit legislative discretion.Reforms could include drafting a comprehensive legal framework for privileges, promoting transparency, involving public consultations, and establishing mechanisms to address misuse while safeguarding legislative independence.This research aims to critically evaluate the need for codification of parliamentary privileges in India, analyzing its historical evolution, current challenges, and implications for democracy. It also seeks to propose actionable reforms to enhance accountability, transparency, and legal clarity while preserving the essence of legislative independence.

KEYWORDS: Parliamentary Privileges, Codification, Legislative Independence, Transparency, Accountability