Consider the following statements: 1. There is no special law to exhau...
Exhaustive Codification of Parliamentary Privileges:
The concept of parliamentary privileges refers to the special rights and immunities enjoyed by the members of the Parliament, individually and collectively, to ensure the effective functioning of the legislature. While parliamentary privileges are an essential feature of modern democratic systems, there is no special law to exhaustively codify all the parliamentary privileges in India.
Background:
In India, the parliamentary privileges are derived from the British parliamentary system, which was adopted during the framing of the Constitution. The Constitution of India, under Article 105, grants certain privileges and immunities to the members of Parliament. However, these privileges are not explicitly defined or codified in the Constitution or any other legislation.
Scope of Parliamentary Privileges:
Parliamentary privileges in India include various rights and immunities such as freedom of speech, freedom from arrest in civil cases during the session of the Parliament, exemption from jury service, etc. These privileges are aimed at protecting the independence and integrity of the legislature and ensuring its effective functioning.
No Special Law for Exhaustive Codification:
1. The absence of a special law to exhaustively codify all the parliamentary privileges in India can be attributed to several reasons:
- The framers of the Constitution believed that the privileges should evolve and develop over time, based on the needs and requirements of the Parliament.
- The dynamic nature of parliamentary privileges makes it difficult to codify them comprehensively. The privileges are not static and can be modified or expanded by the Parliament itself.
- The principles and precedents established by the British Parliament are often referred to while interpreting and applying the parliamentary privileges in India.
Role of the President:
Contrary to the second statement, the President of India does not have a direct role in examining the cases of breach of parliamentary privileges. The privileges of the Parliament and its members are primarily protected and enforced by the respective Houses themselves. Each House of Parliament has the power to punish any person for its contempt or breach of privilege.
Conclusion:
In conclusion, while parliamentary privileges are an essential component of the Indian parliamentary system, there is no special law to exhaustively codify them. The privileges are derived from the British parliamentary system and are protected and enforced by the respective Houses of Parliament. The President of India does not have a direct role in examining the cases of breach of parliamentary privileges.
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