Powers, Privileges and Immunities of Parliament and its Members
What is Article 105?
Article 105 deals with the powers, privileges and immunities of Parliament, its Houses, members and committees. Clause (1) provides for freedom of speech in Parliament, subject to the Constitution and the rules and standing orders regulating parliamentary procedure. Clause (2) provides an important form of constitutional protection to members of Parliament. A member is not liable to proceedings in a court for anything said or any vote given in Parliament or in a parliamentary committee. The clause also protects certain authorised publications of parliamentary proceedings. Clause (3) deals with the other powers, privileges and immunities of each House of Parliament and its members and committees. Parliament may define these by law. Clause (4) extends the relevant protections to persons who have a constitutional right to speak in and participate in parliamentary proceedings even though they are not necessarily members of Parliament. Article 105 is the constitutional provision concerning parliamentary privileges. It is different from Article 194, which deals with the powers, privileges and immunities of State Legislatures and their members. Parliamentary privileges are intended to enable Parliament and its members to perform their constitutional functions effectively and without improper interference. These privileges operate within the constitutional framework and are not a general exemption from all laws or judicial processes. Therefore, Article 105 provides constitutional protection for parliamentary speech, voting and specified parliamentary functions while recognising the authority of Parliament to define its other privileges by law.
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Official Constitutional Text
Powers, privileges and immunities of Parliament and its members.— (1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament. (2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings. (3) In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined, shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978. (4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of the Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament.
Article 105 Explained in Simple Words
Article 105 deals with the powers, privileges and immunities of Parliament, its Houses, members and committees. Clause (1) provides for freedom of speech in Parliament, subject to the Constitution and the rules and standing orders regulating parliamentary procedure. Clause (2) provides an important form of constitutional protection to members of Parliament. A member is not liable to proceedings in a court for anything said or any vote given in Parliament or in a parliamentary committee. The clause also protects certain authorised publications of parliamentary proceedings. Clause (3) deals with the other powers, privileges and immunities of each House of Parliament and its members and committees. Parliament may define these by law. Clause (4) extends the relevant protections to persons who have a constitutional right to speak in and participate in parliamentary proceedings even though they are not necessarily members of Parliament. Article 105 is the constitutional provision concerning parliamentary privileges. It is different from Article 194, which deals with the powers, privileges and immunities of State Legislatures and their members. Parliamentary privileges are intended to enable Parliament and its members to perform their constitutional functions effectively and without improper interference. These privileges operate within the constitutional framework and are not a general exemption from all laws or judicial processes. Therefore, Article 105 provides constitutional protection for parliamentary speech, voting and specified parliamentary functions while recognising the authority of Parliament to define its other privileges by law.
Article 105 in Simple Words
Article 105 protects freedom of speech in Parliament and provides certain privileges and immunities to Parliament, its members and committees. It helps members perform their parliamentary functions effectively within the constitutional framework.
Article 105 Example
Suppose a Member of Parliament makes a statement or casts a vote during parliamentary proceedings. Article 105(2) provides constitutional protection against court proceedings in respect of that speech or vote. For example, a parliamentary debate may involve strong criticism of a government policy. The constitutional protection under Article 105 concerns what the member says or votes in Parliament in the exercise of parliamentary functions. This protection is intended to preserve the independence and effective functioning of Parliament. It should not be understood as giving a member unlimited immunity for every act performed outside parliamentary proceedings.
What is Article 105 of the Indian Constitution?
Article 105 deals with the powers, privileges and immunities of Parliament, its members and committees. It also provides for freedom of speech in Parliament.
What is parliamentary privilege under Article 105?
Parliamentary privilege refers to constitutional protections and powers that enable Parliament and its members to perform their legislative functions effectively. Article 105 provides the constitutional framework for these privileges.
What does Article 105(1) provide?
Article 105(1) provides for freedom of speech in Parliament, subject to the Constitution and the rules and standing orders regulating parliamentary procedure.
What does Article 105(2) provide?
Article 105(2) protects Members of Parliament from court proceedings in respect of anything said or any vote given by them in Parliament or a parliamentary committee, subject to the constitutional provision.
What is the difference between Article 105 and Article 194?
Article 105 deals with the powers, privileges and immunities of Parliament and its members, while Article 194 deals with the corresponding powers, privileges and immunities of State Legislatures and their members.
Does Article 105 give MPs unlimited immunity?
No. Article 105 provides specific constitutional protections relating to parliamentary proceedings and privileges. It should not be understood as a general immunity from every law or judicial process.
Why are parliamentary privileges important?
Parliamentary privileges help Parliament and its members perform their constitutional and legislative functions effectively and protect parliamentary proceedings from improper interference.
Article 105 and Freedom of Speech
Article 105 provides freedom of speech in Parliament, while Article 19(1)(a) protects freedom of speech and expression for citizens. The two provisions operate in different constitutional contexts.
Article 105 in simple words
In simple terms, Article 105 gives Parliament and its members constitutional protections and privileges necessary for effective parliamentary functioning, including freedom of speech in Parliament.