A member of Parliament is free from arrest in civil cases during a session and for how many days before it begins and after it ends?
- A.15 days
- B.20 days
- C.30 days
- D.40 days
Correct answer
Explanation
The correct answer is D, 40 days. Freedom from arrest in civil cases runs through the continuance of a session and for forty days before the session begins and forty days after it ends. The protection comes from the Code of Civil Procedure and not from Article 105 itself, and it is limited to civil proceedings. A member can be arrested in a criminal case, or under a preventive detention law, at any time, and the only requirement then is that the presiding officer of the House be informed of the arrest, detention or release. Options A, B and C give fifteen, twenty and thirty days, which are figures borrowed from other parts of the syllabus, such as the period for which an ordinance survives after a House reassembles, and none of them is the period of this privilege. Candidates should also remember that the privilege does not bar the service of a legal notice.
Read the full article: Parliamentary Privileges: Articles 105 and 194 Explained
Practice Questions
View allWhich Article of the Constitution deals with the powers, privileges and immunities of Parliament, its members and its committees?
- A.Article 100
- B.Article 105
- C.Article 110
- D.Article 112
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Article 105 of the Constitution deals with the powers, privileges and immunities of Parliament, its members and its committees.
Read the full explanation →Which Article protects a person from liability for publishing a substantially true report of the proceedings of a House of Parliament?
- A.Article 105
- B.Article 194
- C.Article 361A
- D.Article 123
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Article 361A protects a person from civil or criminal liability for publishing a substantially true report of the proceedings of either House of Parliament or of a State Legislature, unless the publication is proved to have been made with malice; the protection does not extend to reports of a secret…
Read the full explanation →Which Constitutional Amendment Act removed the reference to the House of Commons of the United Kingdom from the privileges clause of Article 105(3)?
- A.42nd Amendment Act, 1976
- B.44th Amendment Act, 1978
- C.52nd Amendment Act, 1985
- D.61st Amendment Act, 1988
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As originally enacted, Article 105(3) said that until Parliament defined the privileges by law they would be those of the House of Commons of the United Kingdom.
Read the full explanation →How many members does the Committee of Privileges of the Lok Sabha have?
- A.10
- B.12
- C.15
- D.22
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The Committee of Privileges of the Lok Sabha has fifteen members, nominated by the Speaker, and it examines questions of privilege referred to it and recommends what action the House should take.
Read the full explanation →Which of the following is NOT a parliamentary privilege available to a member of Parliament in India?
- A.Freedom of speech in the House
- B.Immunity from court proceedings for a vote given in the House
- C.Immunity from arrest in a criminal case during a session
- D.The right of the House to be informed of a member’s arrest
Show answer
No such privilege exists. Freedom from arrest covers civil cases only, and a member may be arrested in a criminal matter or under a preventive detention law at any time, including on the floor of the House in exceptional circumstances with the permission of the presiding officer.
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