With respect to Parliamentary Privileges, consider the following statements:

Constitution extends the parliamentary privileges to Members of Parliament in both civil and criminal cases.

The Parliamentary privileges do not extend to the President of India.

Which of the statements given above is/are correct?

Question

Rajya Sabha Chairman clarified in the House that “MPs do not enjoy any immunity from being arrested in a criminal case during the Session or otherwise”.
Under Article 105 of the Constitution, Members of Parliament enjoy certain privileges so that they can perform their parliamentary duties without let or hindrance. One of the privileges is that a member of Parliament cannot be arrested in a civil case, 40 days before the commencement of the Session or Committee meeting and 40 days thereafter. This privilege is already incorporated under section 135A of the Civil Procedure Code, 1908.

GKToday Admin · Accepted Answer

Neither 1 nor 2

Rajya Sabha Chairman clarified in the House that “MPs do not enjoy any immunity from being arrested in a criminal case during the Session or otherwise”.
Under Article 105 of the Constitution, Members of Parliament enjoy certain privileges so that they can perform their parliamentary duties without let or hindrance. One of the privileges is that a member of Parliament cannot be arrested in a civil case, 40 days before the commencement of the Session or Committee meeting and 40 days thereafter. This privilege is already incorporated under section 135A of the Civil Procedure Code, 1908.

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