parliamentary privileges

Question 1

who are these privileges given to

Answer 1

those who under the constitution are entitled to speak and take part in proceedings of the house

Question 2

art 105 (1)

Answer 2

there shall be freedom of speech in the parliament

Question 3

105(2)

Answer 3

immunity for anything said or any vote given (extends to publishing as well)

Question 4

state equivalent of 105

Answer 4

194

Question 5

what are the limitations of parliamentary privileges

Answer 5

1. everything should be in accordance with art 118 of the constitution
   under 121, cannot discuss conduct of judges of the SC or HC

Question 6

PV Narsimha Rao case

Answer 6

also known as jharkhand mukti morcha case
shibu soren and some of his party MPs were accused to taking bribe to vote against the then PV Narsimha Rao government
SC quashed the case citing immunity under 105(2)

Question 7

article 122

Answer 7

validity of any proceeding cannot be called into question on grounds of irregularity of procedure of any officer of parliament

Question 8

decision of speaker on who has the power to conduct business and regulate procedure is final and courts cannot interfere with this
true or fasle

Answer 8

true

Question 9

state of punjab v sat pal dang

Answer 9

courts cannot issue writs under 226 to restrain house from enacting any legislation even if it is ultra vires, they can do this only on the grounds of illegality or unconstitutionality

Question 10

freedom from arrest explain

Answer 10

for civil proceedings: cannot be arrested 40 days before or after a session, this is sot ensure safe arrival and attendance of member on scene of parliamentary duties
if arrest is on a criminal charge: speaker to immediately be informed of arrest, reason, convition/detention and the place

Question 11

Disciplinary powers over members

Answer 11

has power to enforce discipline, punish its members for their offending conduct, expel a member etc

Question 12

power to punish for comtempt

Answer 12

punish for contempt of house and breach of privilege (admonition, reprimand, suspension, fine etc)

Question 13

publications of proceedings

Answer 13

searchlight case
(msm Sharma v sinha)
misreporting speeches made in the parliament is a breach of privilege

Question 14

areas of conflict

Answer 14

right to prohibit certain publications conflicts with the right to speech and expression

parliamentary privileges are referred to as absolute rights with no restrictions but Fr of 19(2) is an absolute right with reasonable restrictions

Question 15

Keshav Singh v speaker

Answer 15

keshav singh-not a member of parliament was held guilty for contempt of house and was sentenced to imprisonment for seven days

petitioner moved he court under habeas corpus petition alleging that his detention was illegal and mala fide as he was not given the opportunity to defend himself

allahabad court granted him interim bail and he was released

aggrieved by this, comtempt of court order was passed against keshav singh, his advocate and the judges that granted him interim bail

SC held that the judges were not guilty as hey have the jurisdiction to pass an order of interim bail and release person from illegal detention as it is an FR under article 22