Article 105 of the Constitution

26-08-2023

11:52 AM

1 min read

Prelims: Polity & Governance

Article 105 of the Constitution Blog Image

What’s in today’s article?

Why in News?
What does Article 105 Say?
What is the Difference between Article 19 and Article 105?
Are there no Limitations on this Privilege?
What Rulings has the SC made Regarding Parliamentary Privileges?

Why in News?

Protesting against the removal of parts of his speech on the motion of thanks on the President’s Address, the Leader of Opposition in Rajya Sabha cited Article 105 of the Indian Constitution.

What does Article 105 Say?

It deals with powers, privileges (first brought out by the GoI Act 1935), etc., of the Houses of Parliament, its members and committees and has following provisions -
There shall be freedom of speech in Parliament
No member of Parliament shall be liable -
to any proceedings in any court in respect of anything said or any vote given by him/her in Parliament.
to the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.
Such powers, privileges and immunities may from time to time be defined by Parliament by law.
Until then, shall be those which were in effect immediately before the coming into force of the Constitution (44th Amendment) Act, 1978.
The above provisions shall apply to persons who have the right to speak/ take part in the proceedings of a House of Parliament/ any committee thereof.
Simply put, Members of Parliament (MPs) are exempted from any legal action for any statement made or act done in the course of their duties.
For example, a defamation suit cannot be filed for a statement made in the House.
This immunity extends to certain non-members as well, such as the Attorney General of India or a Minister who may not be a member but speaks in the House.
This provision ensures that MPs can perform their Parliamentary responsibilities without any hindrances/fear and maintain the authority, dignity of the Parliament and enable its democratic functioning.
In cases where a member oversteps or exceeds the contours of admissible free speech, the Speaker or the House itself will deal with it, as opposed to the court.

What is the Difference between Article 19 and Article 105?

Both the Articles talk about freedom of speech, however, Article 105 applies to the MPs and is not subjected to any reasonable restriction.
On the other hand, Article 19(1)(a) applies to citizens and is subject to reasonable restrictions.
This means, Article 105 is an absolute privilege given to the MPs. But this privilege can be used in the premises of the Parliament and not outside the Parliament.

Are there no Limitations on Privileges?

Article 121 of the Constitution forbids discussion of any judge's conduct (while performing his or her duties in the SC/HC) in Parliament barring a motion that presents an address to the President requesting the judge's removal.

What Rulings has the SC made Regarding Parliamentary Privileges?

Two questions came before the SC:
- Whether MPs could claim immunity (under Articles 105) from prosecution before a criminal court on charges of bribery related to Parliamentary proceedings.
- Whether an MP is a “public servant” under the Prevention of Corruption Act, 1988.
The court’s rulings:
- Article 105 will enable members to participate fearlessly in Parliamentary debates and these members need the wider protection against all civil and criminal proceedings that bear a nexus to their speech or vote in Parliament.
- The word “anything” in Article 105 is of the widest importance and is equivalent to ‘everything’.

Q1) Which one, Article 19 or Article 105 of the Indian Constitution, is broader in its application?

Both the Articles talk about freedom of speech, however, Article 105 applies to the MPs and is not subjected to any reasonable restriction. On the other hand, Article 19(1)(a) applies to citizens and is subject to reasonable restrictions. This means, Article 105 is an absolute privilege given to the MPs.

Q2) What is the significance of Parliamentary privileges under Article 105 of the Indian Constitution?

This provision ensures that MPs can perform their Parliamentary responsibilities without any hindrances/fear and maintain the authority, dignity of the Parliament and enable its democratic functioning.

Source: The limits to free speech in Parliament, and what the Supreme Court has ruled