Examine the constitutional dynamics of parliamentary privileges and immunities under Article 105: 1. Members of Parliament enjoy freedom of speech in Parliament, subject to the provisions of the Constitution and rules regulating parliamentary procedure. 2. Freedom of speech in Parliament is absolute and immune from any judicial scrutiny under all circumstances. 3. Parliamentary privileges are codified in a comprehensive central enactment passed by Parliament in 1952. Which of the statements given above is/are correct?

💡 Solution & Explanation

Statement 1 is correct because Article 105(1) guarantees freedom of speech in Parliament, subject to constitutional provisions and rules of procedure. Statement 2 is incorrect because the freedom is not absolute and is regulated by constitutional provisions such as Article 121 which bars discussion on the conduct of Supreme and High Court judges. Statement 3 is incorrect because Parliament has not enacted a comprehensive law codifying all privileges, instead relying on British House of Commons traditions as they existed at the commencement of the Constitution.