{"id":26796,"date":"2024-02-12T10:52:26","date_gmt":"2024-02-12T10:52:26","guid":{"rendered":"https:\/\/edukemy.com\/blog\/?p=26796"},"modified":"2024-02-12T10:52:28","modified_gmt":"2024-02-12T10:52:28","slug":"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-uncodified-and-unenumerated-privi","status":"publish","type":"post","link":"https:\/\/edukemy.com\/blog\/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-uncodified-and-unenumerated-privi\/","title":{"rendered":"The \u2018Powers, Privileges and Immunities of Parliament and its Members\u2019 as envisaged in Article 105 of the Constitution leave room for a large number of uncodified and unenumerated privileges to continue. Assess the reasons for the absence of legal codification of the \u2018parliamentary privileges. How can this problem be addressed? (12.5 marks, 200 words)"},"content":{"rendered":"
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Article 105 of the Constitution grants extensive powers, privileges, and immunities to the Parliament and its members, yet these remain largely uncodified and unenumerated. This absence of legal codification can be attributed to various factors. Firstly, the dynamic nature of parliamentary proceedings and the evolving nature of democracy make it challenging to comprehensively list privileges without limiting parliamentary autonomy. Secondly, attempts to codify these privileges may infringe upon the separation of powers, as the judiciary might find itself interpreting and enforcing laws that could potentially encroach upon parliamentary sovereignty. Moreover, the historical precedence and conventions surrounding parliamentary privileges make it difficult to encapsulate them within a rigid legal framework. To address this issue, a balance must be struck between preserving the inherent privileges of Parliament and ensuring transparency and accountability. One approach could involve establishing a parliamentary committee tasked with periodically reviewing and updating the list of privileges, subject to oversight and scrutiny by the judiciary to prevent abuse of power. Additionally, enhancing public awareness and debate on the scope and limits of parliamentary privileges could foster greater accountability and ensure that these privileges serve the broader interests of democracy.<\/p>\n\n\n\n

Tag: <\/strong>Parliament and State legislatures\u2014structure, functioning, conduct of business, powers & privileges and issues arising out of these.\u00a0\u00a0<\/p><\/blockquote>\n\n\n\n

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