Question

The Supreme Court observed that Parliamentary privileges are not subject to fundamental rights in case of

• A. Ganpati v. Hafisul Hasan (Blitz case)
• B. M.S.M. Sharma v. Sinha (Search Light case)
• C. Keshav Singh v. Speaker, U.P
• D. Prabhat case

Answer 1

The correct option is B M.S.M. Sharma v. Sinha (Search Light case)

This case was decided on December 12, 1958. This was a milestone decision on Parliamentary privileges

In this case the editor of "Search Light" newspaper, Patna moved to the court under article 32 of the Indian constitution saying that he has the freedom of speech under article 19(1) (a) and that it was his fundamental right which was inviolable and the speaker's order was restriction to his right to freedom of speech under article 19(1)(a)

When the high court gave his decision in favour of the Speaker, then the editor went to the Supreme Court.

The Supreme Court issued a statement which said that the Speaker is the law in the house and his law has to be obeyed on any material got from his house.