Part V - Parliament • Article

Article 105 Simplified: Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof

Article 105 gives MPs 'Free Speech' inside Parliament. It ensures that an MP can speak their mind and criticize anyone during a debate without fearing that they will be sued in court for what they said. This 'Privilege' is essential so that your representatives can debate important issues without fear.

Official Text

(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 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.

Simple Meaning

Explain Like Ten

Inside the big Parliament house, MPs can speak freely and vote without worrying about police or lawyers. This is so they can talk about the country's problems without fear.

Student Mode

Defines powers and privileges of MPs, primarily absolute freedom of speech and immunity from court proceedings for actions inside the House.

Example

If an MP makes a strong speech against a corrupt practice during a Parliament session, they cannot be sued for 'Defamation' for that speech in any court.

Key Takeaway

MPs have special freedom of speech inside Parliament to protect democracy.

FAQs

Can an MP be sued for a speech in Parliament?

No, Article 105 provides complete immunity for anything said during Parliamentary proceedings.

Does this privilege apply outside Parliament?

No, if an MP says something defamatory in a public park or on TV, they can be sued like any other citizen.

Can an MP be arrested inside Parliament?

During a session, an MP generally cannot be arrested for civil cases without the Speaker's permission.

Can the courts investigate how an MP voted?

No, courts are barred from inquiring into any vote given by an MP inside the House.

Quiz

Where do MPs have absolute freedom of speech?

Answer: In Parliament

Can an MP be sued for their vote in Lok Sabha?

Answer: No

Who determines the privileges of MPs?

Answer: Parliament

Does Art 105 cover criminal acts inside the house?