PARLIAMENTARY PRIVILEGES IN INDIA: EXPLORING THE IMPERATIVE FOR CODIFICATION AND A COMPARATIVE PERSPECTIVE WITH AUSTRALIA

“Parliamentary privilege is not a cloak for fraud.” – Lord Denning

Is it really necessary to grant special privileges to those who represent, serve, and govern the people? This is arguably the most critical question in the history of democracy. Why should we grant special rights to politicians in their capacities as representatives is a subject that has been posed all across the world? The term “parliamentary privileges” refers to the specific rights and protections afforded to members of parliament; this question becomes highly pertinent. This study digs into the complex world of parliamentary privileges, looking at their development across time and current problems. It gives a thorough analysis of these advantages within the Indian legal system, covering their reach, their immunities, and the precarious balance between accountability and immunity.

The research reveals different approaches to parliamentary privileges in various democratic systems through a comparative lens with Australia. The study fervently supports the codification of privileges as a revolutionary step towards enhancing accountability, transparency, and efficient governance. To eloquently depict the complex challenges legislators face while juggling their advantages in the face of the demand for responsible behaviour, a captivating Indian case study is explored.