"There is no constitutional basis to claim absolute immunity from parliamentary proceedings." – Explain with reference to leading cases.
In short
Articles 105 and 194 protect only speech and votes in the House and civil arrest immunity, so there is no constitutional basis for absolute immunity, as Keshav Singh (1965) and Raja Ram Pal (2007) affirmed. Sita Soren (2024) overruled PV Narasimha Rao (1998), denying immunity for bribery.
Model answer
Ghissu Editorial · Verified 4 Oct 2026 · 306 words
Freedom from Arrest Limited
MPs enjoy protection from arrest only in civil cases during sessions, not in criminal cases or preventive detention, ensuring accountability. This limitation prevents misuse of privilege to evade criminal prosecution.
Two-fold Test for Immunity
Sita Soren (2024) introduced a test requiring privileges to relate to collective legislative functions and essential duties, restricting immunity to genuine parliamentary acts. This test prevents broad claims of immunity unrelated to legislative purposes.
Judicial Review and Fundamental Rights
Keshav Singh (1965) and Raja Ram Pal (2007) affirmed that privileges violating fundamental rights invite judicial intervention, preventing misuse. Courts maintain a constitutional balance by reviewing privileges that infringe on citizens’ rights.
Sita Soren v. Union of India (2024)
Overruled PV Narasimha Rao (1998), denying immunity for bribery and reinforcing criminal law supremacy over parliamentary privileges. This landmark ruling marked a shift towards greater legislative accountability.
Codify Parliamentary Privileges
Legislation like Australia’s Parliamentary Privileges Act (1987) can define and limit privileges, enhancing transparency and preventing abuse. Clear statutory guidelines will help balance legislative independence with accountability.
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Parliament and State Legislatures13 questions
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Question from the official APPSC Group-I Mains 2011 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.