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The Legislative Privileges in India and the Need for Codification

By Ramendra Kumar Sharma

Published In

Air 2004

“The principal privilege or Parliament consisted is this, that its privileges were not certainly known to any but the Parliament itself.”1 —Blackstone The expression used in British constitutional practice for privilege is ‘Parliamentary privileges.’ But in, the Indian constitutional practice the said privileges are available not only to Parliament and its members but also to the State Legislatures and their members. Hence, in this treatment the expression used for ‘Parliamentary privileges’ is ‘legislative privileges.’2 In order to analyze the word legislative privilege we need to examine the word privilege. According to Encyclopedia Britannica ‘privilege’ means : In law, an immunity or exemption conferred by special grant in derogation of in law, an immunity or exempt ....

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