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Article 105 of Indian Constitution - Detailed Analysis

Last Updated on Apr 03, 2025
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Overview

Name of the Article

Article 105 - Powers privileges and immunities of Parliament and its members

Part of the Constitutional Article

Part V

The Indian Constitution is the supreme law of land which defines the framework for the governance of the country. It underlines the structure, powers and responsibilities of various governmental bodies. Article 105 of Indian Constitution grants powers, privileges and immunities of Parliament and its members.

Interpretation of Article 105 of Indian Constitution

Article 105 of the Constitution states -“Subject to the provisions of this Constitution and 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 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.”

Article 105 of Indian Constitution gives certain powers and privileges etc. to the houses of Parliament and its members. Article 194 holds the same powers and privileges etc given to the members of state legislative assemblies. Article 105 outlines the right to freedom of speech and ensures that Members of Parliament can express themselves freely within the House as long as they comply with constitutional provisions and parliamentary rules. The members are also granted immunity from legal action for anything they say or any vote they cast within Parliament or its committees. Article 105 also empowers the Parliament the authority to define its own powers, privileges, and immunities. The same privileges and immunities are extended to individuals who have the right to participate in parliamentary proceedings. The powers and privileges can be broadly divided into two types -

Individual Parliamentary privileges

The members of the Parliament cannot be arrested during the session of Parliament i.e., 40 days before the beginning and 40 days after the end of a session. It is important to note that the privilege is granted only in civil cases and not in criminal cases or preventive detention cases. The members are also exempted from jury service. They can refuse to give evidence and appear as a witness in a case pending in a court when Parliament is in session.

Collective Parliamentary privileges

The member has the right to publish its reports, debates and proceedings and also the right to restrict others from publishing the same. However, the 44th Amendment Act, 1978 restored the freedom of the press to publish true reports of parliamentary proceedings without prior permission of the House. It is to be noted that this is not applicable in the case of a secret sitting of the House. It has the authority to punish members as well as outsiders for breach of its privileges or its contempt by reprimand, admonition or imprisonment. The courts are prohibited from inquiring into proceedings of a house or its committees. No person, either a member or outsider, can be arrested and no legal process, civil or criminal, can be served within the precincts of the house, without the permission of the Presiding Officer.

Conclusion

Article 105 of Indian Constitution grants essential powers and privileges to Parliament and its members and ensures their effective functioning. It provides freedom of speech, immunity from legal action, protection from arrest and the right to publish parliamentary proceedings. Article 105 safeguards the integrity and effectiveness of Parliament and contributes to the democratic system of the country.

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FAQs about Article 105 of Indian Constitution

Article 105 is mentioned under Part V of the Constitution of India.

Article 105 grants powers, privileges and immunities to the Houses of Parliament and its members.

Article 105 ensures freedom of speech in Parliament, allowing members to speak freely and express their views within the House.

The members cannot be arrested during the session of Parliament i.e., 40 days before and after the session.
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