Consider the following statements about the Constitution of India: 1.

Consider the following statements about the Constitution of India:
1. A Member of Parliament enjoys freedom of speech in the Parliament as a Parliamentary Privilege protected by the Constitution of India.
2. The Constitution has vested the power to amend the Constitution in the Parliament.
Which of the statements given above is/are correct?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC NDA-2 – 2016

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Statement 1: Article 105 of the Constitution of India deals with the powers, privileges, etc., of the Houses of Parliament and the members and committees thereof. Article 105(1) states that “subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.” Article 105(2) further protects this privilege by stating that “no member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof”. Thus, freedom of speech in Parliament is a constitutionally protected parliamentary privilege. Statement 1 is correct.
Statement 2: Article 368 of the Constitution outlines the procedure for amendment of the Constitution. It clearly states that the power to amend the Constitution is vested in the Parliament. The article details the requirements for introducing an amendment bill and the majorities required for its passage in Parliament, and in some cases, ratification by state legislatures. Statement 2 is correct.

Parliamentary privileges are special rights, immunities, and exemptions enjoyed by Members of Parliament collectively and individually, which are necessary for the effective discharge of their functions. The power to amend the constitution is a constituent power exercised by the Parliament under specific procedures.

The freedom of speech in Parliament is not absolute; it is subject to the provisions of the Constitution and the rules and standing orders of Parliament. However, it provides immunity from court proceedings regarding statements made or votes cast within Parliament. Article 368 specifies different procedures for different types of amendments, but the power rests with the Parliament.

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