Article 105 of the Constitution of India

Article 105 exists to protect parliamentary sovereignty and the independence of MPs. It ensures they can perform their duties, especially speaking freely and voting, without fear of legal repercussions for actions taken *within* the Parliament. While freedom of speech (Article 19(1)(a)) exists for all citizens, Article 105 provides a specific, heightened protection for MPs to hold the government accountable *inside* the Parliament. Without it, the executive branch could potentially intimidate or silence dissenting voices through legal threats, undermining the core principles of a parliamentary democracy. For example, an MP exposing a scam would be vulnerable to defamation suits without this protection.

Article 105 does *not* grant absolute immunity to MPs. Its limitations include: answerPoints: * It only applies to actions *within* Parliament (speeches, votes, committee work). Actions outside Parliament are subject to ordinary laws. * The freedom of speech is subject to the rules and standing orders of Parliament. The Speaker can expunge remarks. * It doesn't cover illegal or criminal activities, even if committed in the course of parliamentary duties. * Critics argue that the lack of codification (i.e., not fully written into law) creates uncertainty and potential for misuse. The reliance on British parliamentary conventions is also seen as outdated. * There's ongoing debate about whether parliamentary privilege should override fundamental rights, particularly Article 19(1)(a).

In practice, Article 105 is often invoked when MPs make controversial statements in Parliament. For example, if an MP accuses a minister of corruption *on the floor of the House*, they cannot be sued for defamation based on that statement, even if the accusations are later proven false (though the Speaker could expunge the remarks if deemed unparliamentary). This protection allows MPs to raise sensitive issues without fear of immediate legal retaliation, fostering more open debate. However, this doesn't prevent the MP from facing *political* consequences or investigations *outside* of Parliament related to the alleged corruption.

While there isn't one single definitive 'last' controversial application, the expunging of remarks from parliamentary records is a recurring point of contention related to Article 105. For example, if the Speaker expunges certain critical comments made by opposition MPs, it often leads to accusations of stifling dissent and limiting the freedom of speech guaranteed by Article 105. These situations are controversial because they highlight the tension between maintaining order in Parliament and protecting the right of MPs to express their views, even if those views are critical of the government.

If Article 105 didn't exist, the biggest change for ordinary citizens would be a potentially less accountable government. MPs might be hesitant to raise uncomfortable questions, expose corruption, or challenge government policies if they feared legal repercussions for their statements in Parliament. This could lead to less transparency and less effective representation of citizens' interests. Ultimately, the ability of citizens to hold their government accountable through their elected representatives would be weakened.

The most common trap is presenting Article 105 as granting *absolute* immunity to MPs. The correct answer will always acknowledge that the privileges are *subject to the rules and standing orders of Parliament*. Another common trap is implying that Article 105 covers actions *outside* of Parliament; it doesn't. Examiners also test the connection to Article 19(1)(a), often presenting scenarios where parliamentary privilege seems to override freedom of speech, requiring you to choose the most nuanced and balanced option.

Article 19(1)(a) guarantees freedom of speech to *all citizens*, while Article 105 grants specific privileges and immunities to *Members of Parliament* to ensure they can perform their duties without fear of legal repercussions for what they say or do *within* the Parliament.

The phrase "freedom of speech in Parliament" and its limitations are frequently tested. Questions often explore the extent of this freedom, whether it is absolute, and how it interacts with the rules of Parliament and other fundamental rights. Also, the phrase "no member shall be liable to any court" is crucial, but remember it applies *only* to things said or votes given *in Parliament*.

The strongest argument is that Article 105, particularly due to its incomplete codification and reliance on British precedents, creates a system of *unequal accountability*. MPs enjoy protections not available to ordinary citizens, potentially leading to abuse of power and a perception of elitism. My response would acknowledge this concern but emphasize that the privilege is *essential for the proper functioning of a parliamentary democracy*. Without it, MPs could be easily silenced by powerful interests. However, I would also advocate for *greater clarity and codification* of the privileges to prevent misuse and ensure a balance between parliamentary freedom and individual rights. Regular review and updates to the rules governing parliamentary conduct are also crucial.

India should focus on codifying parliamentary privileges into a comprehensive law. This would reduce ambiguity and reliance on outdated British precedents. The law should clearly define the scope of the privileges, the limitations, and the mechanisms for addressing breaches. Furthermore, there should be a mechanism for independent review of decisions related to parliamentary privilege, ensuring fairness and preventing abuse. Finally, regular training and awareness programs for MPs on the responsible use of parliamentary privilege are essential.

Compared to some democracies like the US, India's Article 105 offers *broader protection* for speech within Parliament. The US system relies more on judicial interpretation and a narrower definition of 'legislative acts'. However, India's *lack of codification* is a disadvantage. Many other democracies have clearly defined laws governing parliamentary privilege, providing greater certainty and accountability. This lack of clarity in India can lead to inconsistent application and potential for abuse. The continued reliance on British precedents is also seen as an outdated approach compared to countries that have developed their own comprehensive legal frameworks.

Arguments *for* the bill: answerPoints: * Clarity and Certainty: Codification would provide clarity on the scope of privileges, reducing ambiguity and potential for misuse. * Accountability: Defined limits would enhance accountability and prevent MPs from abusing their privileges. * Modernization: Replacing reliance on outdated British precedents with a modern, India-specific law would be more appropriate. Arguments *against* the bill: answerPoints: * Potential for Restriction: Codifying privileges could inadvertently restrict the flexibility needed for MPs to effectively perform their duties. * Judicial Overreach: A codified law might invite greater judicial scrutiny, potentially undermining parliamentary sovereignty. * Political Motivation: The bill could be used by the ruling party to weaken the opposition by narrowly defining privileges.