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Indian PolityMedium

Article 122 of the Constitution provides that:

  1. A.Parliament may define its privileges by law
  2. B.Courts shall not inquire into the validity of any proceedings in Parliament
  3. C.A member vacates a seat on absence for sixty days
  4. D.The Speaker shall decide whether a Bill is a Money Bill

Correct answer

B. Courts shall not inquire into the validity of any proceedings in Parliament

Explanation

The correct answer is B. Article 122 says that the validity of any proceedings in Parliament shall not be called in question in any court on the ground of an alleged irregularity of procedure, and that an officer or member in whom power over procedure or order is vested is not subject to the jurisdiction of any court in exercising that power. Article 212 makes the same provision for the State Legislatures. Option A describes Article 105(3), which leaves the remaining privileges to be defined by Parliament by law, a law never made. Option C describes Article 101(4), under which a House may declare a seat vacant if a member is absent for sixty days without permission. Option D describes Article 110(3), under which the Speaker's certificate on whether a Bill is a Money Bill is final. The distinction between an irregularity, which courts will not examine, and an illegality, which they may, is the trap here.

Read the full article: Parliamentary Privileges: Articles 105 and 194 Explained

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Q3.Indian PolityMedium

Which Article protects a person from liability for publishing a substantially true report of the proceedings of a House of Parliament?

  1. A.Article 105
  2. B.Article 194
  3. C.Article 361A
  4. D.Article 123
Show answer
Correct answer: C. Article 361A

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…

Q4.Indian PolityMedium

Which Constitutional Amendment Act removed the reference to the House of Commons of the United Kingdom from the privileges clause of Article 105(3)?

  1. A.42nd Amendment Act, 1976
  2. B.44th Amendment Act, 1978
  3. C.52nd Amendment Act, 1985
  4. D.61st Amendment Act, 1988
Show answer
Correct answer: B. 44th Amendment Act, 1978

As originally enacted, Article 105(3) said that until Parliament defined the privileges by law they would be those of the House of Commons of the United Kingdom.