IAS General Studies Prelims Question No. 79

A member of parliament can not be arrested in Civil cases if _:
1. Parliament is in session
2. Parliament will commence session within 40 days
3. Parliament had commenced a session within 40 days
Choose the correct option:
[A] Only 1
[B] 1 & 2
[C] 2 & 3
[D] 1, 2 & 3
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[D] 1, 2 & 3
Some of the more important privileges of each House of Parliament and of its members and Committees are freedom of speech in Parliament, immunity to a member from any proceedings in any court in respect of anything said or any vote given by him in Parliament or any Committee thereof, immunity to a person from proceedings in any court in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings, prohibition on the courts to inquire into proceedings of Parliament and freedom from arrest of members in civil cases during the continuance of the session of the House and forty days before its commencement and forty days after its conclusion. The privilege of freedom from arrest does not, however, extend to preventive arrest or detention under statutory authority by executive order and in criminal cases. Intimation regarding arrest, detention, imprisonment and release etc. of members under such cases has to be immediately communicated to the Speaker, Lok Sabha by the concerned authorities in the prescribed form.

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