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
Correct answer
Explanation
The correct answer is B, the 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 As originally enacted, Article 105(3) said that until Parliament defined the privileges by law they would be those of the House of Commons of the United Kingdom. The Forty-fourth Amendment replaced that reference with a self-contained formula: the privileges are those that existed immediately before the coming into force of section 15 of that Amendment Act. The same Amendment inserted Article 361A to protect the publication of reports of proceedings. Option A, the 42nd Amendment of 1976, is the wide-ranging amendment that added the words socialist and secular to the Preamble and created the Fundamental Duties. Option C, the 52nd Amendment of 1985, added the Tenth Schedule on defection. Option D, the 61st Amendment of 1988, lowered the voting age from twenty-one to eighteen years. None of these three touched the privileges clause.
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
Show answer
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
Show answer
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
Show answer
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 →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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