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The Need of Codification of Parliamentary Privileges

By Dr. Shanti Swaroop Singh

Published In

AIR 2012

“Parliamentary privilege” is the name for sum total of certain powers, privileges and immunities. They are enjoyed by each House of the legislature collectively and by members thereof individually. They are regarded absolutely necessary to secure the proper discharge of their functions and are peculiar to them only because they are not possessed by other bodies or individuals.  In the United Kingdom, the privileges of each House of Parliament form a part of the common law technically called the lex et consuetudo parliamenti. This law of Parliament is only to be collected “out of the ancient rolls of Parliament and other records, and by precedents and continual experience.” (Coke, 4 Inst. 15). The sole evidence of the ancient law of Parliament is to be found in the declarations, customs, and usages of Parliament.1 These privileges are indefinite in their nature and stated in general and sometimes in vague terms. Th ....

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