Which of the following descriptions with regard to Parliamentary Privilege for Members of the Parliament of India is/are correct?

Q. Which of the following descriptions with regard to Parliamentary Privilege for Members of the Parliament of India is/are correct?

UPSC CDS Examination (I) 2025 – General Knowledge

1. The Speaker is empowered to refer suo moto any question of privilege for investigation

2. A question of privilege is accorded priority over other items in the List of Business

3. The privilege extends to freedom from preventive arrest or detention

Select the answer using the code given below :

(a) 1 only

(b) 2 and 3 only

(c) 1 and 2 only

(d) 1, 2 and 3

Answer: (c) 1 and 2 only

Statement 1: The Speaker is empowered to refer suo motu any question of privilege for investigation

Correct.
The Speaker of the Lok Sabha (and the Chairman in the Rajya Sabha) is the final authority on matters of parliamentary privilege.
The Speaker can take cognizance on his/her own motion (suo motu) and may refer the matter to the Committee of Privileges for examination, even if no formal notice is moved by a Member.

Statement 2: A question of privilege is accorded priority over other items in the List of Business

Correct.
A question of privilege, once admitted by the Speaker, takes precedence over ordinary parliamentary business.
It may interrupt the normal agenda of the House because it concerns the dignity, authority, and functioning of Parliament.

Statement 3: The privilege extends to freedom from preventive arrest or detention

Incorrect.
Members of Parliament are not immune from preventive detention or criminal arrest.
Parliamentary privilege provides freedom from arrest only in civil cases during:
the session of Parliament, and
40 days before and after the session.
Preventive detention and criminal proceedings are outside the scope of this privilege.

Answer: (c) 1 and 2 only