Home The Constitution Part V Article 105

Art. 105 Part V: The Union

Powers, Privileges, etc., of the Houses of Parliament and of the Members and Committees Thereof

Exact text — 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... (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.

In Plain English

What this Article actually means

This Article guarantees MPs freedom of speech within Parliament and complete immunity from court proceedings for anything said or any vote cast during Parliamentary proceedings — a foundational protection allowing legislators to speak candidly and debate freely without fear of defamation suits or other legal consequences for their in-House statements.

Why This Matters To You

How it shows up in everyday life

This is why an MP can make allegations or raise sensitive matters on the floor of Parliament that they might otherwise face legal liability for outside it — this protected space for robust, even controversial, debate is considered essential for genuine legislative oversight and accountability function.

Landmark Cases

How courts have interpreted this Article

P.V. Narasimha Rao v. State(1998) 4 SCC 626 — Controversially held (in a bribery case connected to a confidence vote) that this Article's immunity extends to protect an MP's VOTE even if allegedly procured through bribery — a ruling that generated significant debate and was later reconsidered in subsequent cases involving similar questions. Verify this case

Read alongside this one

Art. 361a — Protection of Publication of Proceedings of Parliament

Frequently Asked

Quick answers about Article 105

Does this immunity mean an MP can say literally anything without any consequence?

The immunity specifically covers court proceedings for what's said IN Parliament — it doesn't prevent the House's own internal disciplinary mechanisms (like the Speaker's power to expunge remarks or take other action) from applying to inappropriate conduct.

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The text above reproduces Article 105 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.