UPSC Mains 2014 GS Paper 2 Q3: model answer
The ‘Powers, Privileges, and Immunities of Parliament and its Members’ as envisaged in Article 105 of the Constitution leave room for a large number of un-codified and un-enumerated privileges to continue. Assess the reasons for the absence of legal codification of ‘parliamentary privileges’. How can this problem be addressed?
What the question wants
Explain why India has not codified the privileges under Article 105 and how that gap could be fixed.
How to structure it
Assess the reasons ... How can this be addressed: what Article 105 says, why no law, why it matters, then solutions.
- Article 105
- Reasons for no codification
- Problems
- Solutions
How to think it through
Article 105(3) said, until Parliament defines them, privileges are those of the House of Commons in 1950. The 44th Amendment removed the Commons reference but still left them undefined. Parliament likes it that way: undefined power is bigger power. It is like a hostel rule that says 'other things the warden finds objectionable'.
Model answer
Article 105 gives MPs freedom of speech in Parliament and immunity from court for anything said or voted there. Clause (3) leaves all other privileges to be 'defined by Parliament by law'. In 75 years Parliament has not done so.
What exists
Freedom of speech, immunity for votes, publication rights, the House's power to punish for contempt. The rest comes from convention and the British model as of 1950.
Why it has not been codified
- Flexibility: Houses fear a fixed list would leave out new forms of contempt.
- Judicial review: once in a statute, privileges could be tested against Fundamental Rights.
- Separation of powers: MPs argue the House should judge itself.
- Political consensus to keep power undefined.
Problems
- Clash with free speech: journalists and citizens hauled up for 'contempt'.
- Conflict with courts, as in Keshav Singh (1965).
- Bribery: P.V. Narasimha Rao (1998) said MPs who took bribes to vote were immune; a seven-judge bench overruled it in Sita Soren (2024).
How to address it
- A Parliamentary Privileges Act, as the NCRWC (2002) urged.
- Codify only those necessary for the House to work, as Australia did in 1987.
- Clear procedure and fair hearing for contempt cases.
The 2024 Sita Soren verdict shows that the Court will draw lines if Parliament does not. A short, clear law would protect the House's dignity and the citizen's freedom at the same time.
Draw: A two-column table: codified (speech, vote immunity) vs uncodified (contempt, exclusion, publication).
Keywords, cases and data to drop in
Article 105, 194, 44th Amendment, Keshav Singh 1965, P.V. Narasimha Rao 1998, Sita Soren 2024, NCRWC 2002, Australia Parliamentary Privileges Act 1987.
Where most answers lose marks
- Missing Sita Soren (2024). It changed the law on bribery and privilege.
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Question text as printed in the official UPSC Civil Services (Main) question paper. The model answer is original Battle IAS work; use it to learn structure, not to memorise.
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