Meaning and Scope of Article 105
Article 105 and Parliamentary Privileges in India: Article 105 of the Constitution of India deals with the powers, privileges, and immunities of Parliament, its members, and its committees. These privileges ensure that Parliament functions independently without interference from the judiciary or the executive.
Recently, the Lok Sabha Speaker clarified that freedom of speech under Article 105 operates within the framework of parliamentary rules and procedures. This means that Members of Parliament (MPs) enjoy freedom of speech inside Parliament, but they must follow the rules of the House.
These privileges are considered essential for maintaining the dignity, authority, and independence of the legislature.
Static GK fact: The Indian Parliament consists of three parts – the President of India, Lok Sabha, and Rajya Sabha, as defined under Article 79 of the Constitution.
Freedom of Speech in Parliament
One of the most important provisions under Article 105 is the freedom of speech granted to Members of Parliament. MPs can speak freely during parliamentary debates and express their opinions without fear of legal consequences.
The Constitution clearly states that no Member of Parliament shall be liable to any court proceedings for anything said or any vote given in Parliament or in its committees. This protection encourages open discussions on public policy and national issues.
However, this freedom is not absolute. MPs must follow the rules of procedure and conduct of business laid down by the respective Houses of Parliament.
Static GK Tip: The Speaker of the Lok Sabha is responsible for maintaining order in the House and ensuring that members follow parliamentary rules.
Immunity for Parliamentary Publications
Article 105 also provides immunity regarding official publications of parliamentary proceedings. According to the Constitution, no person can be held legally liable for publishing parliamentary reports, papers, votes, or proceedings if the publication is authorized by either House of Parliament.
This provision protects the official dissemination of parliamentary debates and records, ensuring transparency in legislative functioning.
These official publications form an important source of information for citizens, researchers, and policymakers about parliamentary discussions.
Static GK fact: The Parliamentary Debates publication, also known as Lok Sabha Debates and Rajya Sabha Debates, records every discussion held in the Houses.
Other Parliamentary Privileges
Article 105 also states that other powers and privileges of Parliament shall be defined by law made by Parliament itself. Until such laws are enacted, these privileges remain the same as those that existed before the 44th Constitutional Amendment in 1978.
These privileges include powers such as punishing for contempt of Parliament, regulating internal proceedings, and ensuring the smooth functioning of legislative activities.
Such privileges are necessary for protecting Parliament from external pressure, obstruction, or intimidation.
Persons Entitled to Participate in Proceedings
The privileges under Article 105 apply mainly to Members of Parliament, but certain other individuals are also entitled to participate in parliamentary discussions.
For example, the Attorney General of India has the right to speak and take part in parliamentary proceedings, though he does not have the right to vote. This allows the government’s chief legal advisor to clarify legal matters during legislative debates.
Static GK Tip: The Attorney General of India is appointed by the President of India under Article 76 of the Constitution.
Thus, Article 105 plays a crucial role in safeguarding parliamentary democracy by protecting legislative independence while ensuring that members operate within established parliamentary rules.
Static Usthadian Current Affairs Table
Article 105 and Parliamentary Privileges in India:
| Topic | Detail |
| Constitutional Provision | Article 105 of the Constitution of India |
| Main Purpose | Defines powers, privileges, and immunities of Parliament |
| Key Privilege | Freedom of speech for MPs in Parliament |
| Legal Protection | MPs cannot be prosecuted for speeches or votes in Parliament |
| Publication Immunity | Authorized parliamentary publications cannot be legally challenged |
| Privilege Basis | Continued privileges existing before the 44th Amendment (1978) |
| Eligible Participants | MPs and persons entitled to participate such as the Attorney General |
| Institutional Authority | Parliament can define additional privileges by law |
