PRACTICE QUESTION

Q. Consider the following statements about parliamentary privileges in India:

1. They are defined in Article 105 of the Constitution for both Houses of Parliament and their members and committees.

2. They include freedom of speech in Parliament, immunity from any proceedings in any court, right of publication of proceedings, freedom from arrest, and right to exclude strangers.

3. They are subject to judicial review and can be challenged on the grounds of violating fundamental rights.

Which of the above statements is/are correct?

A) 1 only

B) 1 and 2 only

C) 2 and 3 only

D) 1, 2 and 3

Answer: B

Explanation:

Statement 3 is incorrect: Parliamentary privileges are not subject to judicial review and cannot be challenged on the grounds of violating fundamental rights. This was held by the Supreme Court in Raja Ram Pal vs Speaker, Lok Sabha (2007) case.