Actual Article
Article 105: Powers, privileges, and immunities of Parliament and its members
- Freedom of Speech:
- 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.
- No Member to be Liable:
- 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.
- Other Powers, Privileges, etc.:
- 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.
- Publication Immunity:
- 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.
UPSC Notes for Article 105
Explanation:
- Freedom of Speech:
- Ensures that members of Parliament have the freedom to speak freely within the House, subject to constitutional provisions and parliamentary rules.
- Immunity from Court Proceedings:
- Members are protected from legal proceedings for anything said or any vote cast in Parliament or its committees, fostering open and fearless debates.
- Definition of Powers and Privileges:
- Parliament has the authority to define its powers, privileges, and immunities, which, until legislated, remain as they were before the 44th Amendment.
- Extended Immunity:
- The same privileges and immunities apply to individuals who have the right to participate in parliamentary proceedings, ensuring a broad protection of legislative discourse.
Key Points:
- Legislative Freedom: Encourages uninhibited debate and discussion within Parliament, essential for democratic functioning.
- Legal Protection: Protects members from external legal repercussions for their parliamentary actions, allowing them to perform their duties without fear.
- Self-regulation: Empowers Parliament to define its own privileges and immunities, ensuring flexibility and adaptability.
- Broad Application: Extends protections to non-members participating in parliamentary proceedings, ensuring comprehensive coverage.
Important Cases and Commissions Related to Article 105
Cases:
- Keshav Singh vs. Speaker, Legislative Assembly (1965): The Allahabad High Court emphasized the privileges of the legislature and the immunity of members from judicial scrutiny in respect of parliamentary proceedings.
- Raja Ram Pal vs. Hon’ble Speaker, Lok Sabha (2007): The Supreme Court dealt with the expulsion of MPs involved in the cash-for-query scam, reiterating the privileges and immunities of Parliament and its members.
Commissions:
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested reforms to clearly define and codify parliamentary privileges, ensuring transparency and accountability.
- Sarkaria Commission: Analyzed the relationship between the legislature and judiciary, emphasizing the need for a balance between parliamentary privileges and judicial review.
Previous Year Prelims Questions Related to Article 105
- (UPSC Prelims 2015) Which of the following privileges is enjoyed by members of Parliament?
- A. Freedom of speech in Parliament
- B. Immunity from court proceedings for votes cast in Parliament
- C. Protection against arrest in civil cases during session
- D. All of the above Correct Answer: D. All of the above
- (UPSC Prelims 2019) The powers, privileges, and immunities of Parliament and its members are defined by:
- A. The President
- B. The Prime Minister
- C. Parliament by law
- D. The Supreme Court Correct Answer: C. Parliament by law
Previous Year Mains Questions Related to Article 105
- Mains 2016: “Discuss the significance of parliamentary privileges as outlined in Article 105. How do these privileges contribute to the effective functioning of the legislative process?”
- Mains 2019: “Analyze the balance between parliamentary privileges and judicial review in the context of Article 105. How does this balance impact the functioning of a democratic polity?”
Additional Insights:
- Encouraging Free Speech: The freedom of speech in Parliament ensures that members can voice their opinions and concerns without fear of retribution, fostering a vibrant and dynamic legislative process.
- Maintaining Legislative Integrity: Immunity from legal proceedings for parliamentary actions ensures that members can focus on their legislative duties without external pressures.
- Adapting to Change: The provision for Parliament to define its own privileges and immunities allows for flexibility and adaptation to changing political and social contexts.
Understanding Article 105 is crucial for UPSC aspirants as it outlines the essential privileges and immunities of Parliament and its members, ensuring the integrity and effectiveness of the legislative process. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions that support the functioning of India’s parliamentary democracy.