Answer: 

Introduction:

The concept of ‘parliamentary privileges’ refers to the rights and immunities that are deemed necessary for the House of Parliament, as well as its members and committees, to effectively carry out their functions. Article 105 of the Indian Constitution sets out these privileges, but they are not codified or enumerated, meaning they aren’t explicitly listed or defined in the law.

Body:

Several reasons contribute to the absence of legal codification of these parliamentary privileges:

• Historical Context: The concept of parliamentary privileges has its roots in the British parliamentary system, where such privileges are also un-codified.
• Flexibility: The lack of codification allows for greater flexibility in interpreting these privileges. It permits the parliament to adapt to changing circumstances and uphold its dignity and efficiency as it sees fit.
• Autonomy and Independence: The un-codified nature of these privileges is designed to ensure the independence of the Parliament from judicial scrutiny.
• Difficulty in Definition: Defining and enumerating these privileges in exact terms could be a challenging task due to their complex and broad nature.

However, the absence of codification also poses some problems.

• It can lead to arbitrary or inconsistent application, and
• It can make it harder for the public to understand these privileges, thereby affecting transparency and accountability.

The problem can be addressed in the following ways:

• Codification: This would help make the privileges more transparent and understandable to the public, and it would provide clearer guidelines for members of Parliament.
• Development of Precedents: This would involve recording decisions about the application of privileges in a systematic manner, which could then guide future decisions.
• Judicial Review: The judiciary could be allowed to review decisions related to privileges to ensure they are not misused, while still maintaining the autonomy and independence of the Parliament.
• Periodic Review: A regular review of the practice and usage of privileges could be instituted. This would allow for ongoing adjustments and improvements to the system.
• Public Awareness: Efforts could be made to increase public awareness and understanding of parliamentary privileges. This would help ensure greater transparency and accountability.

Conclusion:

While the un-codified nature of parliamentary privileges allows for flexibility and maintains the autonomy of the Parliament, it also poses challenges in terms of transparency, consistency, and public understanding. It is essential to strike a balance between these aspects for a more accountable and effective parliamentary system.

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