Q. Consider the following statements about the privileges of the parliament:
1. The courts are prohibited to inquire into the proceedings of a House or its committees.
2. President, who is an integral part of the Parliament, also enjoys these privileges.
Which of the statements given above is/are correct?
Exp) Option a is the correct answer.
Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members
Statement 1 is correct. The privileges belonging to each House of Parliament collectively includes prohibition of courts to inquire into the proceedings of a House or its committees.
Statement 2 is incorrect. The Constitution has also extended the parliamentary privileges to those persons who are entitled to speak and take part in the proceedings of a House of Parliament or any of its committees. These include the attorney general of India and Union ministers. Though, it must be clarified here that the parliamentary privileges do not extend to the president who is also an integral part of the Parliament.
There are some privileges belonging to the members individually like; they cannot be arrested during the session of Parliament and 40 days before the beginning and 40 days after the end of a session. This privilege is available only in civil cases and not in criminal cases or preventive detention cases.
