Question map
Which of the following descriptions with regard to Parliamentary Privilege for Members of the Parliament of India is/are correct ? 1. The Speaker is empowered to refer suo moto any question of privilege for investigation 2. A question of privilege is accorded priority over other items in the List of Business 3. The privilege extends to freedom from preventive arrest or detention Select the answer using the code given below :
Explanation
Parliamentary privileges in India are governed by Article 105 of the Constitution and the Rules of Procedure of the Houses. Statement 1 is correct as the Speaker (or Chairman) is empowered under the Rules of Procedure to suo motu refer any question of privilege to the Committee of Privileges for examination and report. Statement 2 is correct because, once the Speaker gives consent, a question of privilege is accorded priority over other items in the List of Business to maintain the dignity of the House. Statement 3 is incorrect; while members enjoy immunity from arrest in civil cases during and around sessions, this privilege does not extend to criminal charges or preventive detention [3]. The immunity is specifically designed to prevent interference in civil matters but does not place members above the law in criminal or security-related detentions [3].
Sources
- [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Classification > p. 262
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Classification > p. 262
- [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 249