What Is Constitution Of India Article 105?

Constitution Of India Article 105: Powers, Privileges, and Immunities of the Houses of Parliament and Members

1. (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. (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. ¹[(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, ²[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 this 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.

NOTE

¹ Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 21 (date not notified). This amendment was omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 45 (w.e.f. 20-6-1979).

² Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 15, for certain words (w.e.f. 20-6-1979).

Brief Detail

Article 105 grants Parliament the freedom of speech, immunity for members in respect of their actions and speech in Parliament, and establishes the powers and privileges of each House and its members. These privileges include immunity from court proceedings for actions taken within the legislative scope. The powers and privileges of the Houses are subject to laws defined by Parliament.

Question & Answers

What is the freedom of speech guaranteed by Article 105?

Article 105 guarantees freedom of speech in Parliament, ensuring members can speak freely during parliamentary proceedings without fear of legal repercussions.

What immunity do members of Parliament have under Article 105?

Members of Parliament cannot be sued or held liable in any court for anything they say or vote on in Parliament, or for the publication of reports or proceedings authorized by either House of Parliament.

What are the powers and privileges of the Houses of Parliament?

The powers, privileges, and immunities of each House of Parliament and its members are to be defined by law. Until then, they remain those that existed before the Constitution (Forty-fourth Amendment) Act, 1978.

Example

If a Member of Parliament speaks out on a controversial issue in a parliamentary debate, they cannot be sued or prosecuted for those remarks in a court of law, thanks to the immunity provided under this article.

Summary

Article 105 protects the rights and privileges of Parliament members, ensuring freedom of speech within Parliament and granting them immunity for their actions during legislative proceedings, which helps preserve the independence of the legislative process.

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