Law Maker

PART V THE UNION · CHAPTER II.— PARLIAMENT · Disqualifications of Members

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

The Constitution of India

(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.

1[(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, 2[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.

Footnotes in the official text

  1. 1.Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 21 (date to be notified). This amendment was omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 45 (w.e.f. 20- 6-1979).
  2. 2.Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 15, for certain words (w.e.f. 20-6- 1979).

Leading cases

Questions on this article

8 questions in 18 of our papers cite Article 105. Try these from the free papers:

  1. 1. Assertion (A): The Lokpal cannot inquire into an allegation of corruption against a Member of Parliament in respect of a vote given by him in Parliament, where it is covered by Article 105(2). Reason (R): Under the Lokpal and Lokayuktas Act, 2013, no person who is or has been a Prime Minister is within the jurisdiction of the Lokpal.

Practise questions on Constitutional Law