Which of the following is/are privilege/privileges enjoyed by a Member of the Parliament?
- 1. Freedom from arrest in criminal cases
- 2. Freedom from arrest under a Law of Preventive Detention
- 3. Freedom of speech within the walls of the House
- 4. Freedom not to give evidence as witness, unless permitted by the House
Select the correct answer using the code given below.
1 only
1 and 2 only
2 and 3 only
1, 2 and 3
Answer is Wrong!
Answer is Right!
This question was previously asked in
UPSC CISF-AC-EXE – 2019
– Statement 1 (Freedom from arrest in criminal cases) is **not** a privilege. Parliamentary privilege from arrest applies only to civil cases, not criminal cases or preventive detention.
– Statement 2 (Freedom from arrest under a Law of Preventive Detention) is also generally **not** a privilege providing immunity from arrest. Like criminal cases, MPs are not immune from arrest under preventive detention laws.
– Statement 3 (Freedom of speech within the walls of the House) **is** a fundamental privilege (Article 105(1) and immunity from court proceedings under Article 105(2)).
– Statement 4 (Freedom not to give evidence as witness, unless permitted by the House) **is** generally considered a privilege; a member cannot be compelled to attend as a witness in court during a session.
– Based on standard legal understanding, statements 3 and 4 are privileges, while 1 and 2 are not. This makes all provided options flawed as none lists 3 and 4 together, and options C and D include incorrect statements (2 in C, 1 and 2 in D). However, if forced to choose from the options and assuming C is the intended answer (as indicated by some sources), it suggests a specific, non-standard interpretation where statement 2 is considered a privilege alongside 3, and 4 is not considered a privilege. Statement 3 is undoubtedly a privilege.