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Which of the following is a parliamentary privilege of elected representatives in India?(A) Freedom of speech in Parliament(B) Immunity from
Question

Which of the following is a parliamentary privilege of elected representatives in India?

(A) Freedom of speech in Parliament

(B) Immunity from arrest in relation to anything said or any vote given by them in Parliament

(C) Exemption from participating as a witness while the House is in session.

A.

A and B

B.

B and C

C.

A, B and C

D.

A and C

Correct option is C

The correct answer is (c) A, B and C
Explanation:
• Parliamentary Privileges are special rights and immunities enjoyed by the Parliament, its committees, and its members to function effectively.
• (A) Freedom of Speech: Under Article 105(1), members have freedom of speech in Parliament, which is broader than the freedom of speech guaranteed to ordinary citizens (they are not liable for defamation for speeches made in the House).
• (B) Immunity from proceedings: Under Article 105(2), no member is liable to any proceedings in any court for anything said or any vote given in Parliament.
• (C) Exemption from being a witness: Members cannot be compelled to give evidence or appear as a witness in a court of law while the House is in session.
Information Booster:
• Civil Arrest: Members enjoy immunity from arrest in civil cases during the session of Parliament and 40 days before and after the session.
• Criminal Cases: There is no immunity from arrest in criminal cases or preventive detention, but the presiding officer of the House must be informed.
• Source: These privileges are defined in Article 105 for Parliament and Article 194 for State Legislatures.
• Codification: India has not yet codified these privileges into a single law; they rely on constitutional provisions, conventions, and judicial interpretations.

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