With reference to the Parliamentary Privileges, consider the following statements: The Constitution of India defines the powers, privileges and immunities of the Lok Sabha and the Rajya Sabha. A Member of Parliament (MP) cannot be arrested in a civil case, 40 days before the commencement of the session. Judiciary is the sole authority to ascertain if there has been a contempt of the House. The Chairman of the Rajya Sabha possesses the authority to independently refer any question of privilege to the Committee of Privileges for examination, investigation and report.How many of the above statements is/are incorrect?a)Only oneb)Only twoc)Only threed)All FourCorrect answer is option 'B'. Can you explain this answer?

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With reference to the Parliamentary Privileges, consider the following statements:

The Constitution of India defines the powers, privileges and immunities of the Lok Sabha and the Rajya Sabha.

A Member of Parliament (MP) cannot be arrested in a civil case, 40 days before the commencement of the session.

Judiciary is the sole authority to ascertain if there has been a contempt of the House.

The Chairman of the Rajya Sabha possesses the authority to independently refer any question of privilege to the Committee of Privileges for examination, investigation and report.

How many of the above statements is/are incorrect?

a)
Only one
b)
Only two
c)
Only three
d)
All Four

Correct answer is option 'B'. Can you explain this answer?

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With reference to the Parliamentary Privileges, consider the following...

The Constitution of India places the post of the Attorney General (A-G) on a special footing. The A-G is the Government of India's first law officer and has the right of audience in all courts of the country. Article 76(2) of the Constitution says, "It shall be the duty of the Attorney-General to give advice to the Government of India upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the President." The A-G is also supposed to discharge the functions conferred on him by or under this Constitution, or any other law for the time being in force.
Under Article 88, the Attorney-General for India shall have the right to speak in, and otherwise to take part in the proceedings of, either House, any joint sitting of the Houses, and any Committee of the Parliament of which he may be named a member.
However, he shall not, by the virtue of this Article, be entitled to vote in the House. Also, the A-G for India is not, like the A-G for England and Wales and the A-G for the United States, a member of the Cabinet. Under Article 76(1), the A-G is appointed by the President from among the persons who are "qualified to be appointed a Judge of the Supreme Court". Article 76(4) says, "The Attorney-General shall hold office during the pleasure of the President and shall receive such remuneration as the President may determine."

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With reference to the Parliamentary Privileges, consider the following...

Incorrect Statements regarding Parliamentary Privileges:

Statement 2 - Incorrect:
A Member of Parliament (MP) cannot be arrested in a civil case, 40 days before the commencement of the session.
- This statement is incorrect. Members of Parliament do not enjoy immunity from arrest in civil cases.

Statement 3 - Incorrect:
Judiciary is the sole authority to ascertain if there has been a contempt of the House.
- This statement is incorrect. The Parliament itself has the authority to determine cases of contempt of the House.
Therefore, Option 'B - Only two is the correct answer.

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With reference to the Parliamentary Privileges, consider the following statements: The Constitution of India defines the powers, privileges and immunities of the Lok Sabha and the Rajya Sabha. A Member of Parliament (MP) cannot be arrested in a civil case, 40 days before the commencement of the session. Judiciary is the sole authority to ascertain if there has been a contempt of the House. The Chairman of the Rajya Sabha possesses the authority to independently refer any question of privilege to the Committee of Privileges for examination, investigation and report.How many of the above statements is/are incorrect?a)Only oneb)Only twoc)Only threed)All FourCorrect answer is option 'B'. Can you explain this answer?

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