Under Article 105(4), parliamentary privileges are also available to which of the following persons who is not a member of the House?
- A.The President of India
- B.The Attorney General of India
- C.The Comptroller and Auditor General
- D.The Chief Election Commissioner
Correct answer
Explanation
The correct answer is B, the Attorney General of India. Article 105(4) extends the privileges of the House to persons who have the right to speak in and otherwise take part in the proceedings of a House or any of its committees without being members. The Attorney General has that right under Article 88, and so does a minister who belongs to the other House. Option A, the President, is a part of Parliament under Article 79 but has no right to sit or speak in a sitting of either House, so Article 105(4) does not apply; the President has a separate immunity under Article 361. Option C, the Comptroller and Auditor General, appears before committees as a witness and does not take part in the proceedings of a House as of right. Option D, the Chief Election Commissioner, has no such right at all, and candidates should not confuse the security of tenure of these officers with privileges.
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 →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
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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.
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.
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