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Consider the following statements:
1. In case of a conflict, Parliamentary privileges supersede the fundamental rights of a citizen.
2. Reasonable restrictions on free speech provided under Article 19 also apply to the floor of the house.
1. In case of a conflict, Parliamentary privileges supersede the fundamental rights of a citizen.
2. Reasonable restrictions on free speech provided under Article 19 also apply to the floor of the house.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
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Verified Answer
Consider the following statements:1. In case of a conflict, Parliament...
Constitution envisaged two types of privileges under Article 105 of the Indian constitution. One is freedom of speech in Parliament and the right of publication of its proceedings.
- With reference to Parliamentary privileges, the following points are worth noting:
The Supreme Court held that if there was any conflict between the existing privileges of Parliament and the fundamental rights of a citizen, the former shall prevail. Hence statement 1 is correct. - The provisions in Arts. 105(3) and 194(3) of the Constitution, which confer upon the Houses of our Legislatures the same British privileges as those of the House of Commons, are independent provisions and are not to be construed as subject to Part III of the Constitution, guaranteeing the Fundamental Rights.
- Freedom of speech and immunity from court proceeding so Members have freedom of speech in the House and enjoy immunity from proceedings in any court inrespect of anything said or any vote given by them in Parliament or in any committee thereof.
The immunity granted to members under article 105(2), covers anything said in Parliament eventhough it does not strictly pertain to the business before the House. Hence statement 2 is correct.
Most Upvoted Answer
Consider the following statements:1. In case of a conflict, Parliament...
Explanation:
b) 2 only
- The correct statement among the given options is "2 only" because Parliamentary privileges do not supersede the fundamental rights of a citizen.
- Parliamentary privileges are granted to MPs to ensure the smooth functioning of the Parliament and to enable them to perform their duties without fear of legal action for their statements made in the house.
- However, these privileges are not absolute and do not override the fundamental rights guaranteed to all citizens under the Constitution.
- On the other hand, reasonable restrictions on free speech provided under Article 19 do apply to the floor of the house.
- This means that while MPs have the freedom of speech and expression within the Parliament, this freedom is subject to certain limitations such as public order, decency, morality, contempt of court, defamation, etc.
- Therefore, statement 2 is correct as it highlights the application of reasonable restrictions on free speech in the Parliament.
In conclusion, it is important to understand the distinction between Parliamentary privileges and fundamental rights, and how reasonable restrictions on free speech apply within the Parliament.
b) 2 only
- The correct statement among the given options is "2 only" because Parliamentary privileges do not supersede the fundamental rights of a citizen.
- Parliamentary privileges are granted to MPs to ensure the smooth functioning of the Parliament and to enable them to perform their duties without fear of legal action for their statements made in the house.
- However, these privileges are not absolute and do not override the fundamental rights guaranteed to all citizens under the Constitution.
- On the other hand, reasonable restrictions on free speech provided under Article 19 do apply to the floor of the house.
- This means that while MPs have the freedom of speech and expression within the Parliament, this freedom is subject to certain limitations such as public order, decency, morality, contempt of court, defamation, etc.
- Therefore, statement 2 is correct as it highlights the application of reasonable restrictions on free speech in the Parliament.
In conclusion, it is important to understand the distinction between Parliamentary privileges and fundamental rights, and how reasonable restrictions on free speech apply within the Parliament.
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Consider the following statements:1. In case of a conflict, Parliamentary privileges supersede the fundamental rights of a citizen.2. Reasonable restrictions on free speech provided under Article 19 also apply to the floor of the house.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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