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Test: The Concept of Parliamentary Privileges - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: The Concept of Parliamentary Privileges

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Test: The Concept of Parliamentary Privileges - Question 1

Which articles of the Indian Constitution address the powers, privileges, and immunities of Parliament and its members in state legislatures?

Detailed Solution for Test: The Concept of Parliamentary Privileges - Question 1
Article 105 and 194 of the Indian Constitution encompass provisions regarding the powers, privileges, and immunities of Parliament and its members in state legislatures. These articles outline the scope and extent of parliamentary privileges to ensure the smooth functioning of the democratic process.
Test: The Concept of Parliamentary Privileges - Question 2

What historical reference is made in Section 3 of the articles related to parliamentary privileges?

Detailed Solution for Test: The Concept of Parliamentary Privileges - Question 2
Section 3 of the articles pertains to the privileges of the House of Commons, encompassing all the privileges held by the House of Commons as of January 26, 1950. This historical reference serves as a benchmark for understanding the evolution and extent of parliamentary privileges within the legislative framework.
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Test: The Concept of Parliamentary Privileges - Question 3

In the context of the Indian Constitution, what is the significance of Article 105 regarding freedom of speech in Parliament?

Detailed Solution for Test: The Concept of Parliamentary Privileges - Question 3
Article 105 of the Indian Constitution provides legal immunity to Members of Parliament for their speeches made within the Parliament. This constitutional provision ensures that MPs can express their views without fear of facing legal actions. It is a crucial aspect of parliamentary democracy that safeguards the freedom of expression for elected representatives within the legislative body.
Test: The Concept of Parliamentary Privileges - Question 4
How are the powers, privileges, and immunities of each House of Parliament and its members regulated according to the Constitution?
Detailed Solution for Test: The Concept of Parliamentary Privileges - Question 4
The powers, privileges, and immunities of each House of Parliament and its members are subject to regulation by parliamentary law as per the Indian Constitution. Until specifically defined by law, these powers and immunities continue to operate based on pre-existing arrangements as stipulated before the enactment of the Constitution (Forty-fourth Amendment) Act in 1978.
Test: The Concept of Parliamentary Privileges - Question 5
Who is granted immunity from legal proceedings for the publication of reports or proceedings authorized by either House of Parliament in India?
Detailed Solution for Test: The Concept of Parliamentary Privileges - Question 5
Both Members of Parliament and individuals are granted legal immunity from facing proceedings for the publication of reports or proceedings authorized by either House of Parliament in India. This provision ensures that individuals involved in the dissemination of parliamentary information are protected from legal repercussions, promoting transparency and freedom of expression within the democratic framework.
Test: The Concept of Parliamentary Privileges - Question 6
What is guaranteed in every State Legislature, allowing members to express their opinions without fear?
Detailed Solution for Test: The Concept of Parliamentary Privileges - Question 6
Freedom of speech is a fundamental right guaranteed in every State Legislature, enabling members to express their opinions without fear of retribution. This right is essential for promoting open debate, sharing diverse viewpoints, and ensuring transparency within legislative proceedings.
Test: The Concept of Parliamentary Privileges - Question 7
What protects members of a State Legislature from legal action for their speech or votes within the Legislature or its committees?
Detailed Solution for Test: The Concept of Parliamentary Privileges - Question 7
Parliamentary immunity shields members of a State Legislature from legal action for their speech or votes within the Legislature or its committees. This protection is crucial for fostering uninhibited discussion, safeguarding legislative independence, and upholding democratic principles within the legislative process.
Test: The Concept of Parliamentary Privileges - Question 8

The powers, privileges, and immunities of a State Legislature and its members are determined by which entity?

Detailed Solution for Test: The Concept of Parliamentary Privileges - Question 8

The powers, privileges, and immunities of a State Legislature and its members are determined by the laws of the State Legislature itself. These laws establish the framework within which legislators operate, outlining their rights, responsibilities, and protections while carrying out their legislative duties.

Test: The Concept of Parliamentary Privileges - Question 9
In the case of M.S.M Sharma vs S.K Sinha, what did the court rule regarding Article 194(3)?
Detailed Solution for Test: The Concept of Parliamentary Privileges - Question 9
The court ruled that Article 194(3) is bound by the provisions of Part III of the Constitution. This decision underscores the importance of upholding the constitutional framework and ensuring that legislative privileges are in harmony with the fundamental rights enshrined in the Constitution.
Test: The Concept of Parliamentary Privileges - Question 10
According to the Supreme Court's stance under Article 143, what is the prioritization between Fundamental Rights under Article 19(1)(a) and privileges under Article 194(3)?
Detailed Solution for Test: The Concept of Parliamentary Privileges - Question 10
The Supreme Court's stance under Article 143 prioritizes privileges over certain Fundamental Rights. This prioritization emphasizes the significance of parliamentary privileges in specific contexts, highlighting the delicate balance between the rights of individuals and the functioning of legislative bodies.
Test: The Concept of Parliamentary Privileges - Question 11
In the case of Gunnupati Keshavram Reddi vs Nafisul Hasan, what was the basis for contesting the arrest?
Detailed Solution for Test: The Concept of Parliamentary Privileges - Question 11
The arrest in the Gunnupati Keshavram Reddi vs Nafisul Hasan case was contested on the basis of violating Article 22(2), which safeguards certain Fundamental Rights. This legal challenge underscores the critical role of constitutional protections in ensuring individual liberties and due process within the legal system.
Test: The Concept of Parliamentary Privileges - Question 12
What legal protection does Article 105, Clause (2) provide regarding the publication of reports, papers, votes, or proceedings authorized by a house of Parliament?
Detailed Solution for Test: The Concept of Parliamentary Privileges - Question 12
Article 105, Clause (2) offers individuals protection from liability concerning the publication of reports, papers, votes, or proceedings authorized by a house of Parliament. This legal provision grants immunity to individuals in such cases, ensuring that they can disseminate information without fear of facing legal repercussions for their actions.
Test: The Concept of Parliamentary Privileges - Question 13
How does the defense of qualified privilege impact the publication of unofficial reports of parliamentary proceedings?
Detailed Solution for Test: The Concept of Parliamentary Privileges - Question 13
The defense of qualified privilege plays a crucial role in promoting the publication of accurate and fair unofficial reports of parliamentary proceedings. By offering legal protection to individuals who provide such reports, it encourages the dissemination of information without the fear of facing liability, thereby fostering transparency and accountability in reporting on parliamentary activities.
Test: The Concept of Parliamentary Privileges - Question 14
What defense does common law provide for unofficial reports of parliamentary proceedings in newspapers or other mediums?
Detailed Solution for Test: The Concept of Parliamentary Privileges - Question 14
Common law offers the defense of qualified privilege for accurate and fair unofficial reports of parliamentary proceedings published in newspapers or other mediums. This provision grants a level of protection to individuals who provide such reports, allowing them to do so without facing legal consequences as long as the reports are accurate and unbiased.
Test: The Concept of Parliamentary Privileges - Question 15

How are parliamentary privileges defined and who defines them?

Detailed Solution for Test: The Concept of Parliamentary Privileges - Question 15

Parliamentary privileges are defined by Parliament itself and encompass various rights and immunities afforded to Members of Parliament (MPs). These privileges are crucial for the functioning of the parliamentary system, ensuring that MPs can carry out their duties effectively and independently. By being defined by Parliament, these privileges are tailored to the specific needs and responsibilities of MPs within the legislative process.

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