Consider the following statements with respect to privileges of members of Parliament. I. Privileges would not be fettered by Art. 19 (1) (a) of Indian Constitution. II. Privileges must be read subject to the Articles 20 - 22 and Art. 32 of the Constitution III. Immunity is available in relation to both Civil and Criminal prosecution IV. Immunity is available in relation to Freedom of Speech even in his/her private or personal capacity How many of the above statement(s) is/are true?
Statement Evaluation
Statement I is TRUE: In the famous M.S.M. Sharma v. Sri Krishna Sinha (Searchlight case), the Supreme Court held that the provisions of Article 19(1)(a) (freedom of speech) are general, whereas those of Article 105 are special. Therefore, parliamentary privileges are not fettered or restricted by Article 19(1)(a).
Statement II is TRUE: In the Keshav Singh case (1965), the Supreme Court ruled that while Article 19(1)(a) doesn't restrict privileges, other fundamental rights like Article 20 (protection against conviction), Article 21 (protection of life and personal liberty), Article 22 (protection against arrest), and Article 32 (right to constitutional remedies) do apply and control parliamentary privileges.
Statement III is FALSE: Members of Parliament only enjoy immunity from arrest in civil cases (40 days before, during, and 40 days after a session under Section 135A of the Civil Procedure Code). No such blanket immunity is available against criminal prosecution or arrest under criminal charges or preventive detention.
Statement IV is FALSE: The immunity regarding freedom of speech is strictly applicable to anything said inside the house or its committees in their official capacity as a representative. It does not extend to statements made in their private or personal capacity outside Parliament.
Conclusion
Out of the four statements, only two (Statements I and II) are correct.
Correct Option
Option 2 (Only 2)
Important Questions from Indian Polity (State PSC)
Who was the first Deputy Prime Minister of India ?
- Which of the following correctly explains the significance of PESA, 1996 in Jharkhand?
- Which one of the following statements is NOT correct in respect of 'Triple Test Formula'?
Statement (S): Not all rights-based laws lead to equitable outcomes.
Explanation (E): Structural inequalities affect access to these rights.
Options:
The Assam State Assembly Election was held recently with newly delimited constituencies. Consider the following statement with respect to this delimitation process.
I. The delimitation was conducted by the Election Commission of India in 2022-23 on the basis of the 2001 census figure.
II. Prior to this, the Constituencies were constituted as per the Delimitation Order of 1976.
III. Section 8A of the Representation People's Act, 1950 provides for special provision for delimitation for Assembly Constituencies of Assam, Manipur, Nagaland and Arunachal Pradesh.
IV. SC assembly seats have increased from 8 to 9 and ST assembly seats have increased from 16 to 19.
How many of the above statement(s) is/are true?
