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Codification of Parliamentary Privileges in India: An Unexplored Dimension of Law by Harshad Kapoor

The Author: Harshad Kapoor is a Law Student studying at Five Year Law College, Jaipur

INTRODUCTION

“The law is not only be devilled with uncertainty, at the best the archaic and arbitrary character of the law is offensive to modern thought. At worst it is a dangerous trap to the public outside Parliament we think the best solution of this problem will be to codify the law and practice relating to Parliament by statute or falling this by resolutions of the House of Commons.”[i]

Though the demand for codification of privileges is not new and since early 1950’s concerns have been raised, especially by the press, to remove the alleged arbitrariness prevailing in the exercise of privileges by the legislative bodies. Even the judiciary while deciding controversial matters relating to privileges, in its obiter dicta, has suggested such codification.[ii]

But before discussing the aspect of codification it is important to go through the current position of law regulating privileges.

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