Concept of Privileges emerged in England as Parliament started to protect itself from excesses by the monarch.It established several rights and privileges including the freedom of members of Parliament to freely speak and vote in Parliament (including its committees).Provisions with respect to Parliamentary privileges are enshrined in Article 105 (for Parliament) and Article 194(for State legislature) in our Constitution.

Issues with Parliamentary Privileges :

• It enables members to carry out their constitutional functions of legislating and debating in free and fair manner without any obstruction from outside. But articles 105 and article 194 leave a room for large number of uncodified privileges to continue.
• Some of the privileges enjoyed by the members have been laid down in the statute but they have not been ‘codified’ or enacted into law.
• 44th Constitutional amendment only provides that such privileges will be same as they were at the time of constitution coming into force. Hence there is a scope for misuse.

Need for Codification of Privileges :

• Misuse of the privilege to punish for “Contempt of House’ is observed often. For instance, The Karnataka Legislative Assembly has found two journalists guilty of breach of its privilege and sentenced them to jail, Actors Anupam Kher, activist Shobha De were issued notice to serve the contempt of house.
• The Privilege that ‘actions of members within four walls of the parliament or legislature cannot be called into question in any court of law’, may, let a member fall into disruptive techniques and hate speech and hence disrespecting parliament.
• These Privileges can hamper ‘Checks and Balance’ as Judiciary fails to check the violation of law by members within the house. For instance, members bribing for votes.
• Also, article 105(3) and 194(3) states that Parliament and respective State Legislatures will enact such laws from time to time.

Issues that could arise in codification :

• Since the nature of Parliamentary proceedings and work is dynamic, codifying privileges may restrict parliamentary freedom.
• Article 122 may be violated which puts restrictions on Judiciary to check the validity of the proceedings of the parliament.
• The very essence of privileges to MPs and MLAs to create a credible and efficacious legislature has not been fruitful which is very evident from that frequent adjournments, very less working days, disruptions within assemblies, People losing faith in political proceedings and institutions.
• The Vice-President of India expressing his displeasure over functioning of Parliament, highlighted the need for Codification of Conduct for both inside the legislature as well as outside.

Reforms needed to ensure good Conduct and which are to be codified :

• If a member desires to change party, he must do so by resigning from the membership of the House. The anti-defection laws should be implemented in letter and spirit expeditiously, within three months.
• Election petitions and criminal cases against political leaders should be disposed of within a certain time frame and, if necessary, special benches of the Supreme Court and high courts should be formed for the matter.
• To have a National policy on having an Upper House in the states.
• Media, an invaluable partner in strengthening democratic culture, has to focus more on the constructive contribution made by members of the House rather than giving importance to their disruptive activities.