UPSC Prelims Practice Questions — Privilege vs free speech case in SC disposed of after two decades

Q1. With reference to the privileges of a House of a State Legislature under Article 194(3) of the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. Privileges other than those expressly set out in the Constitution may be defined by the State Legislature itself by law.
  2. Until such a law is made, a State Legislature's privileges are those that Parliament has defined for its own Houses under Article 105.
  3. Until such a law is made, the reference point for these privileges is the position held by the House immediately before the relevant section of the Forty-fourth Amendment, 1978, came into force.
  • A. 1 and 2 only
  • B. 2 and 3 only
  • C. 1 and 3 only
  • D. 1, 2 and 3

Q2. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. Even after the Forty-fourth Amendment, 1978, the content of the residuary privileges of the Houses of Parliament is still traced largely to British parliamentary conventions rather than to an Indian statute.
  2. Article 105(3) leaves it to Parliament to define these privileges by law and keeps the earlier position in force until it does so, and no such law has been enacted so far.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q3. With reference to the immunities under Article 194 of the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. A member's immunity from court proceedings covers things said on the floor of the State Legislature but not things said in its committees.
  2. A person who publishes a report, paper or proceedings by or under the authority of a House of the State Legislature is also protected from court proceedings for that publication.
  3. These protections also apply to persons who are not members of the Legislature but have a constitutional right to speak in and take part in its proceedings.
  • A. 1, 2 and 3
  • B. 1 and 3 only
  • C. 1 and 2 only
  • D. 2 and 3 only

Q4. With reference to freedom of speech and expression under the Constitution of India, consider the following statements: Which of the statements given above is/are correct?

  1. Freedom of the press is not named separately in Article 19 but is protected as part of the freedom of speech and expression.
  2. Article 19(2) allows the State to curtail free speech only through a law, and only if that law imposes reasonable restrictions on the specified grounds.
  3. Breach of the privileges of a legislature is one of the grounds expressly listed in Article 19(2) for restricting free speech.
  • A. 1, 2 and 3
  • B. 1 and 2 only
  • C. 1 and 3 only
  • D. 2 and 3 only

Q5. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. Freedom of the press is protected as a fundamental right in India even though the word 'press' does not appear in Article 19 of the Constitution.
  2. Article 19(2) permits reasonable restrictions on free speech in relation to contempt of court and defamation.
  • A. Both Statement-I and Statement-II are correct and Statement-II explains Statement-I
  • B. Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I
  • C. Statement-I is correct, but Statement-II is incorrect
  • D. Statement-I is incorrect, but Statement-II is correct

Q6. With reference to the power of a House of a legislature in India to deal with breach of privilege or contempt of the House, consider the following statements: Which of the statements given above are correct?

  1. The House can punish a person who is not one of its members.
  2. The penalty imposed can range from a warning to imprisonment.
  3. Publishing matter that casts reflections on the House or its members can be treated as a breach of privilege.
  4. Because the press is protected under Article 19(1)(a), a newspaper editor falls outside the House's power to punish for breach of privilege.
  • A. 1, 2 and 3 only
  • B. 1, 2, 3 and 4
  • C. 1 and 2 only
  • D. 2, 3 and 4 only

Q7. A State Legislative Assembly resolves to commit a journalist, who is not a member of the House, to prison for an article it considers a slur on the House. Under the Constitution of India, the Assembly's authority to commit the journalist is drawn from which of the following?

  • A. The clause guaranteeing freedom of speech within the Legislature, subject to its rules and standing orders
  • B. The 'contempt of court' ground among the reasonable restrictions on free speech under Article 19(2)
  • C. The residuary privileges clause, which carries forward the position held before the Forty-fourth Amendment
  • D. The clause shielding members from court proceedings for anything said or any vote given in the House

Q8. With reference to the advisory jurisdiction of the Supreme Court under Article 143, consider the following statements: Which of the statements given above is/are correct?

  1. The President may refer a question of law or fact that is only likely to arise, so a reference does not need a live dispute between contesting parties.
  2. For references under both clause (1) and clause (2) of Article 143, the Constitution uses mandatory language obliging the Court to report its opinion.
  3. When a Bench of the Supreme Court refers a constitutional question in a pending case to a larger Bench, the case becomes a reference under Article 143.
  • A. 2 and 3 only
  • B. 1 only
  • C. 1, 2 and 3
  • D. 1 and 2 only