Author: Dr. Ranjan Kumar

Read the passage below, and answer the questions that follow based on your understanding of the passage: Almost every year in one Indian State or the other, the press comes into conflict with the privileges of State Legislature. In case of Parliament, these privileges are popularly known as parliamentary privileges. There have been many instances when journalists were sentenced to imprisonment by Indian legislatures. The concept of privileges of legislatures is based on the British principle that a sovereign legislature should be able to perform its functions freely and effectively. For this purpose, it should possess certain inherent powers to punish for its breach of its privileges. Constitutional history of the House of Commons which fought for its privileges in the face of royal tyranny in Britain: the first instance of such a claim dates back to 1554. It is said that the king used to send his spies in the British House of Commons to sit in the gallery and to listen to what members were speaking there. The result was that the MPs who criticized the king inside the House of Commons used to be beaten or threatened outside the House. Therefore the British House of Commons thought that it should have privilege to expel any stranger or unwanted person from the proceedings of the House. This was required so that members could express their feelings on any issue fearlessly inside the House. In Britain no king or queen or their representative has entered the House of Commons since King Charles I in 1642, and that the place of the king in Parliament is only in the upper House. Slowly - slowly, as the House of Commons evolved in Britain, its other privileges also evolved. The most controversial privilege of the House of Commons has been the privilege to punish for its contempt. In our country Article 105 (3) and 194 (3) of the constitution of India deal with the privileges of the Houses of Parliament and State legislatures respectively. So far as reporting of parliamentary proceedings are concerned, that is dealt with in Article 361-A. According to the constitutional expert Durga Das Basu, the privileges of Indian Houses, so long as they are not codified by them, would be the same as enjoyed by the British House of Commons at the commencement of the Indian Constitution, i.e. 26 January, 1950. Q1. Where did the concept of parliamentary privileges evolve? (A) Britain (B) India (C) Sweden (D) Australia Correct Ans: (A) Explanation: The concept of parliamentary privileges evolved in Britain. In the past, the British House of Commons faced interference from the monarchy. To safeguard its members, the House sought certain privileges, allowing them to function independently. Over time, these privileges became essential for MPs to express their opinions freely. Consequently, Britain’s model became a foundation for other parliamentary systems, including India’s. Thus, the concept of parliamentary privileges originates from Britain. Q2. Where are the parliamentary privileges mentioned in the constitution of India? (A) Article 105 (B) Article 19 (C) Article 21 (D) Article 194 Correct Ans: (A) Explanation: In India, the Constitution mentions parliamentary privileges in Article 105. This article grants MPs the freedom to speak in Parliament without facing legal consequences for their statements. Additionally, it ensures that MPs can carry out their duties without external interference. By doing so, it safeguards the integrity and independence of the Indian Parliament. This article plays a key role in empowering lawmakers to perform their duties effectively and promoting democracy. Q3. A House of Parliament needs to have its privileges, because: (A) It is an elected body (B) It is a nominated body (C) Its members could express their opinion fearlessly (D) Its proceedings could be completed within a limited time Correct Ans: (C) Explanation: Parliamentary privileges protect MPs by allowing them to speak freely during debates. These privileges ensure lawmakers can express their opinions without fear of punishment. This protection is vital for fostering open and honest discussions in Parliament. By promoting transparency and free speech, parliamentary privileges ensure that MPs can address pressing national issues without worry. Without such safeguards, Parliament would be less effective in its role. Q4. The most controversial privilege of the commons is: (A) Its law making role (B) Its power to call special sessions (C) Its power to punish anyone for its contempt (D) Its power to expel any one from the House Correct Ans: (C) Explanation: The House of Commons' privilege to punish contempt is highly controversial. This power allows Parliament to take action against individuals who disrupt proceedings or show disrespect. While it helps maintain order, some argue that it can be misused to suppress dissent. Critics believe this privilege might limit free expression and discourage opposition voices. Nevertheless, the privilege remains a crucial tool for maintaining the House’s dignity and authority. Q5. Which date is very important for parliamentary privileges in India? (A) 15 August 1947 (B) 30 January 1948 (C) 26 January 1950 (D) 24 May 1964 Correct Ans: (C) Explanation: 26 January 1950 is significant for parliamentary privileges in India because it marks the adoption of the Indian Constitution. On this date, India officially recognized these privileges as essential for the effective functioning of Parliament. By adopting the British model, India ensured that its MPs could carry out their duties freely. These privileges have since played an integral role in shaping India’s legislative process and democratic system.

Author: Dr. Ranjan Kumar

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