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.
Related Mains PYQs
- Examine whether the constitutional office of the Lok Sabha Speaker has become vulnerable to partisan politics under the current anti-defection regime. What… UPSC 2026 · GS-II
- Indian Constitution has conferred the amending power on the ordinary legislative institutions with a few procedural hurdles. In view of this statement,… UPSC 2025 · GS-II
- “The growth of cabinet system has practically resulted in the marginalisation of the parliamentary supremacy.” Elucidate. UPSC 2024 · GS-II
- Compare and contrast the British and Indian approaches to Parliamentary sovereignty. UPSC 2023 · GS-II
Fresh examples from current affairs
Census 2027: can private teachers be made enumerators? The Census Rules amendment and Article 23
Census 2027 needs over 30 lakh enumerators, the people who go door to door counting everyone. This month the Centre amended the Census Rules, 1990 to name teachers of private schools and staff of banks and companies as possible enumerators. But two High Courts had already stopped governments from forcing private-school teachers into Census duty. For you, it raises a classic exam question: can a rule make private citizens do public work, and what do the Census Act and Article 23 allow?
UPSC angle: Prelims: Entry 69 Union List, Census Act 1948, Article 23, Committee on Subordinate Legislation. · Mains GS-II: delegated legislation; federal administration of the Census.
25 Oct 2026
Monsoon Session ends: 19 sittings, 12 Bills passed by both Houses
The Monsoon Session 2026 of Parliament began on 20 July and was adjourned sine die on 13 August 2026. It had 19 sittings over 25 days. Both Houses passed 12 Bills, including amendments on public examinations, national honour, birth and death registration, MSMEs, tribunals and minerals, and the Bill renaming Kerala as Keralam.
UPSC angle: Prelims: sine die vs prorogation.
13 Aug 2026
MEA Parliament replies (13 Aug 2026): IORA chair
India chairs the Indian Ocean Rim Association for 2025-2027 under the theme "Innovation, Openness, Resilience and Adaptability in the Indian Ocean Region", MEA told Rajya Sabha on 13 August 2026. India hosted the Indian Ocean Dialogue in May 2026, a senior officials' meeting in June and will host the Council of Ministers later this year.
UPSC angle: Prelims: IORA chair 2025-27 and theme. · Mains: India in the Indian Ocean.
13 Aug 2026
MEA Parliament replies (6-7 Aug 2026): Arctic, UNSC seat
In Lok Sabha replies on 7 August 2026, MEA said India's 2022 Arctic Policy, "India and the Arctic: Building a Partnership for Sustainable Development", guides its Nordic ties. Ties were raised to a Green Technology and Innovation Strategic Partnership at the 3rd India-Nordic Summit. On the UNSC, MEA said expansion needs an amendment of the UN Charter.
UPSC angle: Prelims: India's Arctic Policy (2022). · Mains: UNSC reform.
7 Aug 2026Learn the concept
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.
Want every PYQ in one place? See the Battle IAS PYQ Book.