Subject: Indian Polity

The recent Supreme Court judgment (2024) declaring that lawmakers cannot claim parliamentary immunity for acts of bribery under Article 105(2) has reignited the debate on codification of parliamentary privileges in India.

Reasons for Absence of Legal Codification

1. Historical Legacy:

• Inherited from British Parliamentary traditions where privileges evolved through precedents and conventions.
• Complex nature of privileges makes exhaustive codification challenging.

2. Political Reluctance:

• Successive governments show resistance due to fear of limiting parliamentary autonomy.
• Parliamentary Sovereignty concerns where codification might restrict legislative flexibility.

3. Institutional Inertia:

• Lack of political consensus on the scope and extent of privileges.
• Preference for maintaining status quo despite recommendations from various committees.

4. Constitutional Framework:

• Article 105 deliberately keeps privileges open-ended to accommodate evolving parliamentary needs.
• Flexibility allows Parliament to adapt privileges according to changing circumstances.

Solutions to Address the Problem

1. Legal Reforms:

• Study international best practices like UK's House of Commons and House of Lords Act.
• Adopt framework similar to Australian Parliamentary Privileges Act 1987.

2. Institutional Mechanisms:

• Establish a dedicated committee to review and recommend codification framework.
• Regular review of privileges to ensure alignment with democratic principles.

3. Balanced Approach:

• Clear demarcation between essential privileges and potential misuse.
• Integration of fundamental rights considerations in privilege framework.

4. Transparency Measures:

• Define clear procedures for invoking privileges.
• Establish accountability mechanisms for privilege breaches.

The path forward requires balancing parliamentary autonomy with democratic accountability through comprehensive codification, as demonstrated by the Supreme Court's stance on corruption immunity. Implementation of reforms like the Right to Information Act and strengthening of democratic institutions can help achieve this delicate balance between parliamentary privileges and public interest.