What is Article 105 of Indian Constitution – Defination & Meaning

Article 105: Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof (1) Subject to the provisions of this
📅 Part V – The Union
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📚 UPSC Relevant

Article Number

105

part

Part V – The Union

Status

Active

Bare Acts Text

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

  • (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.
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Full Definition & Explanation

Article 105 defines the powers, privileges, and immunities of Parliament, its members, and committees. It guarantees freedom of speech in Parliament and immunity from court proceedings for anything said or any vote given in Parliament. However, in a landmark 7-judge bench ruling in Sita Soren v. Union of India (March 2024), the Supreme Court ruled that MPs and MLAs do not enjoy immunity from prosecution for taking bribes to vote or deliver a speech in the legislature. This historic verdict overturned the 1998 PV Narasimha Rao judgement, establishing that corruption and bribery are not protected by parliamentary privilege.

Historical Context

This article ensures that all members have the freedom to express themselves during parliamentary debates without fear of legal consequences. For instance, if a member speaks against a policy, they cannot be sued for their remarks. This protection encourages open discussion and debate, which is key for a healthy democracy. The article also states that members are protected from being held accountable in court for anything they say or vote on in Parliament. Article 105 of the Indian Constitution defines the powers and privileges of the Parliament, its members, and committees. This means that as long as they follow the rules and procedures, they can speak freely.

Key Features

– Members of Parliament have freedom of speech in Parliament.
– Members cannot be sued for statements made in parliamentary debates.
– Parliament can define additional privileges by law as needed.
– The article protects invited persons participating in parliamentary proceedings.
– It reinforces the independence of Parliament in a democratic setup.

Importance & Impact

– Freedom of speech fosters open dialogue in legislative discussions
– Protection from lawsuits encourages members to express diverse opinions
– Defining privileges ensures Parliament can adapt to changing needs
– This article helps maintain the integrity of the legislative process.
– It promotes accountability and transparency in governance

Sample UPSC Question

Consider the following statements regarding Article 105 of the Indian Constitution:
1. It grants absolute immunity to Members of Parliament from all criminal proceedings.
2. The Supreme Court in the Sita Soren case (2024) ruled that MPs are not immune from bribery charges for voting in the House.
3. Parliamentary privileges are exclusively codified in the Constitution and cannot be amended by Parliament.
Which of the statements given above is/are correct?
A) 1 and 2 only
B) 2 only
C) 1 and 3 only
D) 1, 2 and 3

Answer

The correct answer is B) 2 only. Statement 1 is incorrect as MPs do not have absolute criminal immunity (e.g., bribery). Statement 2 is correct; the 2024 Sita Soren verdict explicitly removed immunity for bribery, overturning a 1998 precedent. Statement 3 is incorrect because Parliament has the power to define its privileges by law, though it has largely relied on British House of Commons precedents.

Key Takeaways

✓ Article 105 protects members’ freedom of speech
✓ Members cannot be sued for statements made in Parliament.
✓ Parliament can define additional privileges through law
✓ Protection extends to invited participants in proceedings
✓ The article supports democracy by ensuring open dialogue.

FAQs

Article 105 of the Indian Constitution defines the powers and privileges of the Parliament, its members, and committees. This article ensures that all members have the freedom to express themselves during parliamentary debates without fear of legal consequences. For instance, if a member speaks against a policy, they cannot be sued for their remarks.

This provision is not only for elected members but also extends to those who have the right to participate in parliamentary proceedings, such as certain officials or experts invited to provide insights. Such protections help ensure that discussions can happen without any external pressure. Also, Article 105 allows Parliament to define additional privileges and immunities through laws as needed.

This means that the specific rights can evolve based on the needs of the legislative process. For example, if there are new ways of communication or technology, Parliament can adjust its rules to maintain the integrity and effectiveness of the legislative process. Overall, Article 105 plays a key role in maintaining the independence of Parliament and ensuring that its members can perform their duties without fear of retribution.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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