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Which of the following statements with regard to the privileges of the Members of the Parliament are correct? 1. Privileges would not be fettered by the Article 19(1)(a) of the Constitution of India. 2. Privileges must be read subject to the Articles 20-22 and Article 32 of the Constitution of India. 3. Immunity is available in relation to both civil and criminal prosecution. 4. Immunity is available in relation to freedom of speech even in his /her private or personal capacity. Select the correct answer using the code given below.

Which of the following statements with regard to the privileges of the Members of the Parliament are correct? 1. Privileges would not be fettered by the Article 19(1)(a) of the Constitution of India. 2. Privileges must be read subject to the Articles 20-22 and Article 32 of the Constitution of India. 3. Immunity is available in relation to both civil and criminal prosecution. 4. Immunity is available in relation to freedom of speech even in his /her private or personal capacity. Select the correct answer using the code given below. Correct Answer 1, 2 and 4

The correct answer is 1, 2 and 4.

  • Parliamentary privileges are the special rights, exceptions, and immunities which are given to the members of both the houses of the Parliament and their committees.

Key Points

  • It is subdivided into two parts: one which is enjoyed by the members of the Parliament collectively and one that is enjoyed by the members of parliament individually.
  • These privileges include freedom of speech in Parliament and the right of publication of its proceedings.
  • These two privileges were given initially under article 105 of the Indian Constitution.
  • Individual privileges include freedom from arrest in civil actions, a person cannot be subpoenaed to attend court as a witness, etc.
  • Collective privilege means that the person cannot be arrested from the premises of any of the houses without the permission of the chairperson of the house and the court does not have any right to investigate the proceedings of any of the house or the working of the committee.
  • Privileges under Article 19(1)(a) of the Constitution of India which states fundamental right applies to this as well.

Additional Information

  • The government of India is based on the parliamentary system. The central legislative structure is addressed in Articles 74 and 75, while the states are addressed in Articles 163 and 164.
  • The Parliamentary structure has a number of characteristics that make it superior to the Presidential system.
  • Depending on the relationship between the executive and the legislature, the democratic form of government is divided into two categories: parliamentary and presidential.
  • In a legislative structure, the executive is a component of the legislature, which is responsible for enforcing the legislation as well as contributing to its formulation.
  • Both of these jobs are purely ceremonial. The real head of the government is the Prime Minister.
  • As a result, the Prime Minister has full executive authority. Since the executive powers are concentrated in the cabinet, the legislative government is also known as the Cabinet government.
  • Articles 74 and 75 address the parliamentary system at the federal level, while Articles 163 and 164 address the parliamentary system at the state level.

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Which of the following statements is/are correct in connection with malicious prosecution?
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