Prelims 9111

Which of the following are privileges enjoyed by members of Parliament/Legislature individually?
1. Freedom from being arrested in civil and criminal cases when Parliament is in session.
2. Immunity from any proceedings in any court in respect of anything said or any vote given by him/her in Parliament.
Select the correct answer using the code given below:
A.
1 only
B.
2 only
C.
1 and 2
D.
Neither 1 nor 2
Explanation :
Parliamentary privileges are classified into two broad categories
Individual Privileges
They cannot be arrested during the session of Parliament and 40 days before the beginning and 40 days after the end of a session. This privilege is available only in civil cases and not in criminal cases or preventive detention cases. Hence statement 1 is wrong .
Members enjoy immunity from any proceedings in any court in respect of anything said or any vote given by him in Parliament or any Committees thereof [Article 105(2) of the Constitution].
Collective Privileges
The house can exclude strangers from its proceedings and hold secret sittings to discuss some important matters.
The house can make rules to regulate its own procedure and the conduct of its business and to adjudicate upon such matters.

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