Which of the following statements with regard to the privileges of the

Which of the following statements with regard to the privileges of the Members of the Parliament are correct?
1. Privileges would not be fettered by the Article 19(1)(a) of the Constitution of India.
2. Privileges must be read subject to the Articles 20-22 and Article 32 of the Constitution of India.
3. Immunity is available in relation to both civil and criminal prosecution.
4. Immunity is available in relation to freedom of speech even in his/her private or personal capacity.
Select the correct answer using the code given below.

1, 2 and 4
1 and 2 only
2 and 3
1 and 4 only
This question was previously asked in
UPSC CDS-2 – 2020
Statements 1 and 2 are correct regarding the privileges of Members of Parliament.
Statement 1 is correct because the freedom of speech enjoyed by MPs in Parliament under Article 105 is absolute within the House proceedings and is not subject to the restrictions applicable to the general freedom of speech under Article 19(1)(a). Statement 2 is correct because parliamentary privileges, while providing certain immunities, do not place MPs above the law, particularly criminal law. They are subject to fundamental rights like those in Articles 20-22 and the right to constitutional remedies under Article 32.
Statement 3 is incorrect; immunity from prosecution is primarily for civil cases during a session, not criminal cases. An MP can be arrested and prosecuted for a criminal offense. Statement 4 is incorrect; the privilege of freedom of speech applies only to speech made within Parliament or its committees, not in their private capacity. Their speech outside Parliament is subject to ordinary laws.