Consider the following privileges belonging to the members of the sta...
The privileges belonging to the members individually are
1. They cannot be arrested during the session of the state legislature and 40 days before the beginning and 40 days after the end of such session. This privilege is available only in civil cases and not in criminal cases or preventive detention cases.
2. They have freedom of speech in the state legislature. No member is liable to any proceedings in any court for anything said or any vote given by him in the state legislature or its committees. This freedom is subject to the provisions of the Constitution and to the rules and standing orders regulating the procedure of the state legislature'.
3. They are exempted from jury service. They can refuse to give evidence and appear as a witness in a case pending in a court when the state legislature is in session.
This question is part of UPSC exam. View all UPSC courses
Consider the following privileges belonging to the members of the sta...
The correct answer is option 'D' - all of the statements are correct.
1. Privilege of freedom from arrest during the session of state legislature in civil matters:
Members of the state legislature enjoy certain privileges to ensure their independence and freedom to discharge their duties without any interference. One such privilege is that they cannot be arrested during the session of the state legislature in civil matters. This privilege is aimed at protecting the members from any undue harassment or obstruction that may hinder their ability to carry out their legislative functions effectively.
2. Privilege to refuse to give evidence in court during the session of state legislature:
Another privilege enjoyed by the members of the state legislature is the right to refuse to give evidence in a court of law when the state legislature is in session. This privilege is rooted in the principle of separation of powers, which recognizes the independence and autonomy of the legislative branch from the judicial branch. It ensures that the members can freely express their views and opinions without any fear of legal consequences during the session.
3. Privilege of freedom of speech and movement in the state legislature:
Members of the state legislature also enjoy the privilege of freedom of speech and movement within the premises of the state legislature. This privilege allows the members to express their views, opinions, and concerns without any fear of retribution or punishment. It is a fundamental aspect of parliamentary democracy that ensures the uninhibited and fearless participation of the legislators in the legislative process.
These privileges are essential for the effective functioning of the state legislature and ensuring the independence and autonomy of its members. They safeguard the freedom of expression, protect against undue interference, and enable the members to fulfill their legislative responsibilities without any hindrance. These privileges are recognized and upheld to maintain the integrity and dignity of the legislative institution.
In conclusion, all of the statements regarding the privileges belonging to the members of the state legislature are correct. These privileges are crucial for the smooth functioning of the legislative body and for upholding the principles of democracy.
To make sure you are not studying endlessly, EduRev has designed UPSC study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in UPSC.