Codification Of Parliamentary Privileges In India: Reconciling Legislative Independence With Constitutional Supremacy

Manashi Kalita

Codification Of Parliamentary Privileges In India: Reconciling Legislative Independence With Constitutional Supremacy

Author(s)	Dr. Manashi Kalita
Country	India
Abstract	Parliamentary privilege in India poses a constitutional challenge. The Constitution protects the independence of Parliament through Articles 105 and 194 while also upholding constitutional supremacy, judicial review, and fundamental rights. Although Article 105(3) allows Parliament to define its powers, privileges, and immunities by law, these privileges remain largely uncodified even after more than seventy years. This article examines whether such uncertainty is consistent with the rule of law in a constitutional democracy. It analyses constitutional provisions and key Supreme Court decisions, including In re: Keshav Singh, P.V. Narasimha Rao v. State (CBI/SPE), and Raja Ram Pal v. Speaker, Lok Sabha, to show that parliamentary privileges are not unlimited and must conform to constitutional principles. The study demonstrates that judicial interpretation has increasingly linked parliamentary privilege with fundamental rights, fairness, and the Basic Structure doctrine. However, the lack of codification continues to create legal uncertainty and institutional conflict. Relying on the experience of Australia, Canada, the United Kingdom, and the United States, the article argues that codifying parliamentary privileges can provide clarity while preserving legislative independence. It recommends substantive, procedural, and hybrid reforms to balance parliamentary autonomy with constitutional accountability and strengthen the rule of law.
Keywords	Parliamentary Privilege, Constitutional Supremacy, Judicial Review, Basic Structure Doctrine, Rule of Law.
Published In	Volume 8, Issue 4, July-August 2026
Published On	2026-08-26

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Codification Of Parliamentary Privileges In India: Reconciling Legislative Independence With Constitutional Supremacy

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