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Consider the following statements.
  1. Under Article 105 of the Constitution of India, no Member of Parliament shall be liable to any proceedings in any court in respect of anything said in Parliament or any committee thereof.
  2. According to Rules of Procedure and Conduct of Business in Lok Sabha, If the Speaker is of opinion that the words used by MPs in debate are defamatory or unparliamentary, the Speaker may, while exercising discretion order that such words be expunged from the proceedings of the House.
Which of the above statements is/are correct?
  • a)
    1 only 
  • b)
    2 only 
  • c)
    Both 1 and 2 
  • d)
    Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements. Under Article 105 of the Constituti...
Statement 1: Under Article 105 of the Constitution of India, no Member of Parliament shall be liable to any proceedings in any court in respect of anything said in Parliament or any committee thereof.

Under Article 105 of the Indian Constitution, Members of Parliament (MPs) are granted certain privileges and immunities to enable them to perform their parliamentary duties effectively. One such privilege is the freedom of speech and expression in Parliament. According to Article 105, no MP shall be liable to any proceedings in any court in respect of anything said or any vote given by him/her in Parliament or any committee thereof.

This privilege is crucial for the functioning of a democratic system as it allows MPs to express their opinions freely without fear of legal repercussions. It ensures that MPs can speak without restraint and represent the interests of their constituents.

Statement 2: According to Rules of Procedure and Conduct of Business in Lok Sabha, if the Speaker is of the opinion that the words used by MPs in debate are defamatory or unparliamentary, the Speaker may, while exercising discretion, order that such words be expunged from the proceedings of the House.

The Lok Sabha, the lower house of the Indian Parliament, has its own set of rules known as the Rules of Procedure and Conduct of Business. According to these rules, if the Speaker of Lok Sabha believes that the words used by MPs during a debate are defamatory or unparliamentary, the Speaker has the authority to order the expunction of such words from the proceedings of the House.

This provision allows the Speaker to maintain decorum and uphold the dignity of the Parliament. The Speaker acts as the custodian of the House and has the responsibility to ensure that parliamentary debates are conducted in a respectful manner. By expunging defamatory or unparliamentary words, the Speaker ensures that the proceedings of the House maintain a certain level of civility and respect.

Conclusion:

Both statements are correct. The first statement highlights the constitutional provision of parliamentary privilege granted to MPs, protecting them from legal proceedings in relation to their speech in Parliament. The second statement refers to the Rules of Procedure in Lok Sabha, granting the Speaker the power to expunge defamatory or unparliamentary words from the proceedings of the House. These provisions are essential for the smooth functioning of parliamentary democracy and maintaining the integrity of parliamentary debates.
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Consider the following statements. Under Article 105 of the Constituti...
  • Under Article 105(2) of the Constitution, “no Member of Parliament shall be liable to any proceedings in any court in respect of anything said…in Parliament or any committee thereof”. However, MPs don’t enjoy the freedom to say whatever they want inside the House.
  • The speech of MPs is subject to the discipline of the Rules of Parliament, “good sense” of its Members, and the control of proceedings by the Speaker. These checks ensure that MPs cannot use “defamatory or indecent or undignified or unparliamentary words” inside the House.
  • Rule 380 (“Expunction”) of the Rules of Procedure and Conduct of Business in Lok Sabha says: “If the Speaker is of opinion that words have been used in debate which are defamatory or indecent or unparliamentary or undignified, the Speaker may, while exercising discretion order that such words be expunged from the proceedings of the House.”
  • Rule 381 says: “The portion of the proceedings of the House so expunged shall be marked by asterisks and an explanatory footnote shall be inserted in the proceedings as follows: ‘Expunged as ordered by the Chair’.”
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Consider the following statements. Under Article 105 of the Constitution of India, no Member of Parliament shall be liable to any proceedings in any court in respect of anything said in Parliament or any committee thereof. According to Rules of Procedure and Conduct of Business in Lok Sabha, If the Speaker is of opinion that the words used by MPs in debate are defamatory or unparliamentary, the Speaker may, while exercising discretion order that such words be expunged from the proceedings of the House.Which of the above statements is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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