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Q95 (NDA-II/2016) Polity & Governance › Constitutional Basics & Evolution › Parliamentary system Answer Verified

Consider the following statements about the Constitution of India : 1. A Member of Parliament enjoys freedom of speech in the Parliament as a Parliamentary Privilege pro¬tected by the Constitution of India. 2. The Constitution has vested the power to amend the Constitution in the Parliament Which of the statements given above is/are correct ?

Result
Your answer: —  ·  Correct: C
Explanation

Statement 1 is correct as Article 105(1) of the Constitution of India explicitly provides for freedom of speech in Parliament [5]. This is a fundamental parliamentary privilege that ensures members can express their views without fear of legal proceedings in any court regarding anything said or any vote given on the floor of the House [4]. Statement 2 is also correct as Article 368 of the Constitution vests the power to amend the Constitution in the Parliament [5]. While the Supreme Court in the Kesavananda Bharati case established that this power is not absolute and cannot alter the 'basic structure' of the Constitution, the primary constituent power to initiate and pass amendments remains with the Parliament [4]. Therefore, both statements accurately reflect the constitutional provisions regarding parliamentary privileges and the amending process.

Sources

  1. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 90: Landmark Judgements and Their Impact > KESAVANANDA BHARATI CASE (1973) > p. 626
  2. [5] https://api.sci.gov.in/supremecourt/2014/10177/10177_2014_1_1501_51211_Judgement_04-Mar-2024.pdf
  3. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 12: The Union Legislature > p. 249
  4. [4] https://cms.rajyasabha.nic.in/UploadedFiles/Procedure/RajyaSabhaAtWork/English/244-310/CHAPTER8.pdf
  5. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 11: Amendment of the Constitution > By Special Majority of Parliament and Consent of States > p. 125
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