Consider the following statements: The Constitution of India bestows privileges to the members of the Parliament and its Committees, but no such privileges have been bestowed upon the members of State Legislative Assembly. The Constitution (44th Amendment) Act, 1978, resulted in the codification of the Parliamentary Privileges for the members of the Parliament and its Committees. 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 'D'. Can you explain this answer?

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Consider the following statements:

The Constitution of India bestows privileges to the members of the Parliament and its Committees, but no such privileges have been bestowed upon the members of State Legislative Assembly.

The Constitution (44th Amendment) Act, 1978, resulted in the codification of the Parliamentary Privileges for the members of the Parliament and its Committees.

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 'D'. Can you explain this answer?

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Most Upvoted Answer

Consider the following statements: The Constitution of India bestow...

The Constitution of India bestows privileges to the members of the Parliament and its Committees, and also to the members of the State Legislative Assembly and its Committees, respectively under Articles 105 and 194.
The Constitution (44th Amendment) Act, 1978, did not provide for the codification of the Parliamentary Privileges.
Constitutional Provisions – Parliamentary Privileges:
- Parliamentary Privileges (Articles 105 and 194) are special rights, immunities, exceptions enjoyed by the members of the two Houses of the Parliament and their Committees.
- These rights are also given to those individuals who speak and participate in any Committee of the Parliament, which includes the Attorney General of India and the Union Ministers.
- The President, who is an integral part of the Parliament, does not enjoy these privileges.
Article 105 (3) was amended by the Constitution 44th Amendment and now has two aspects:
- Powers, privileges and immunities of each Houses of the Parliament, its members and Committees shall be such as may be defined by the Parliament by law in time.
- Till such powers, privileges and immunities are defined by the Parliament, shall be the same as that was enjoyed by the House of Commons as on 26th January, 1950.
Article 105 (3) has avoided direct reference to the House of Commons, but effectively such privileges continue till the Parliament frames a law. The Parliament has not yet codified its privileges.

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Consider the following statements: The Constitution of India bestow...

Explanation:

Statement 1:
- The statement that the Constitution of India bestows privileges to the members of the Parliament and its Committees, but no such privileges have been bestowed upon the members of State Legislative Assembly is incorrect.
- Both the members of Parliament and State Legislative Assemblies are granted certain privileges and immunities under the Constitution of India.

Statement 2:
- The statement that the Constitution (44th Amendment) Act, 1978, resulted in the codification of the Parliamentary Privileges for the members of the Parliament and its Committees is also incorrect.
- The Constitution (44th Amendment) Act, 1978, did not specifically address the codification of Parliamentary privileges. The codification of Parliamentary privileges for the members of Parliament and its Committees is not a result of this amendment.
Therefore, both statements 1 and 2 are incorrect, and the correct answer is option D - Neither 1 nor 2.

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Consider the following statements: The Constitution of India bestows privileges to the members of the Parliament and its Committees, but no such privileges have been bestowed upon the members of State Legislative Assembly. The Constitution (44th Amendment) Act, 1978, resulted in the codification of the Parliamentary Privileges for the members of the Parliament and its Committees. 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 'D'. Can you explain this answer?

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