UPSC Prelims Practice Questions — Free speech case: top court may not hear reference on merits

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

  1. A member cannot be proceeded against in any court in respect of a vote given by him in a committee of the Legislature.
  2. The Advocate General of the State, though not a member, enjoys the freedom of speech and immunity of Article 194 while taking part in the proceedings of the House.
  3. The freedom of speech in the Legislature is not subject to the rules and standing orders regulating the procedure of the Legislature.
  • A. 2 and 3 only
  • B. 1 only
  • C. 1 and 2 only
  • D. 1, 2 and 3

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

  1. Although the Constitution no longer mentions the British House of Commons, the undefined privileges of the Houses of Parliament are in substance still derived from House of Commons precedent.
  2. Parliament has not yet enacted a law defining its powers, privileges and immunities as contemplated by Article 105(3).
  • 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. Consider the following statements regarding freedom of speech under the Constitution of India: Which of the statements given above is/are correct?

  1. A legislator's freedom of speech on the floor of the House is a fundamental right under Article 19(1)(a), and is therefore subject to the reasonable restrictions in Article 19(2).
  2. Freedom of the press is not separately mentioned in Article 19 but is included in the freedom of speech and expression under Article 19(1)(a).
  3. A member who makes a defamatory statement in the House cannot be sued for it, but the same statement repeated at a press conference outside may attract liability.
  • A. 1 and 2 only
  • B. 2 and 3 only
  • C. 3 only
  • D. 1, 2 and 3

Q4. With reference to the power of a House of Parliament to deal with breach of privilege and contempt, consider the following statements: Which of the statements given above is/are correct?

  1. The power to punish for contempt is not confined to members and can be exercised against outsiders, including journalists.
  2. A complaint of breach of privilege may be examined by the Committee of Privileges, but punishment can be imposed only by the House itself.
  3. A House may also discipline its own members for misconduct, and this may extend to expulsion.
  • A. 1 and 2 only
  • B. 2 and 3 only
  • C. 1 only
  • D. 1, 2 and 3

Q5. A State Legislative Assembly adopts a resolution directing the arrest of a newspaper's editors for an editorial it regards as distorting its proceedings and lowering its dignity. The editors approach the Supreme Court, contending that the action violates their freedom of the press. Which of the following inferences can validly be drawn from this situation?

  1. The dispute requires the Court to consider how far the Assembly's powers under Article 194(3) must yield to rights guaranteed in Part III.
  2. Because the resolution was passed in exercise of the Assembly's privileges, it is wholly immune from scrutiny by the Supreme Court.
  3. In such a case, the Assembly is both the body whose dignity is said to be injured and the body that determines whether a breach occurred.
  • A. 1 and 3 only
  • B. 1 only
  • C. 2 and 3 only
  • D. 1, 2 and 3

Q6. With reference to the advisory jurisdiction of the Supreme Court under Article 143(1), consider the following statements: Which of the statements given above is/are correct?

  1. The President may refer a question of fact, and not merely a question of law, for the Court's opinion.
  2. The Supreme Court is constitutionally bound to report its opinion on every question so referred.
  3. The opinion is rendered in a suit between contesting parties and is enforceable as a decree of the Court.
  • A. 2 and 3 only
  • B. 1 and 3 only
  • C. 1 only
  • D. 1, 2 and 3

Q7. Consider the following statements: Which of the following is correct in respect of the above statements?

  1. The Supreme Court may decline to decide a constitutional question in a case where the action that gave rise to the dispute has since been withdrawn.
  2. The Supreme Court may give its opinion to the President under Article 143 on a question of law that has not yet arisen but is likely to arise.
  • 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

Q8. A newspaper, on its own initiative, publishes an accurate report of a speech made by a member on the floor of a State Legislative Assembly. Which one of the following correctly states the position of this report under Article 194?

  • A. It is outside Article 194(2), since that clause protects members alone and never any other person
  • B. It is protected under Article 194(2), since immunity attaching to the speech extends to any report of it
  • C. It is protected under Article 194(4), since that clause extends the privileges to persons reporting proceedings
  • D. It is outside Article 194(2), since that clause covers only publication by or under the authority of the House