Article 105 of the Indian Constitution क्या है?
ऐतिहासिक पृष्ठभूमि
मुख्य प्रावधान
6 points- 1.
Clause (1): Guarantees freedom of speech in Parliament, stating that nothing said or any vote given by a member in Parliament or any committee thereof shall be liable to any proceedings in any court.
- 2.
Clause (2): States that no person shall be liable to any proceedings in any court in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes, or proceedings.
- 3.
Clause (3): Until Parliament defines these powers, privileges, and immunities by law, they shall be those of the House of Commons of the Parliament of the United Kingdom, and of its members and committees, as they existed on 26th January 1950. This is a crucial interim provision.
- 4.
Clause (4): Extends these provisions 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 (e.g., the Attorney General of India).
- 5.
It ensures that members can perform their duties without fear of external interference or legal action for their legislative actions.
- 6.
The privileges are not absolute and are subject to the provisions of the Constitution and the rules of procedure of Parliament.
दृश्य सामग्री
Article 105 (Parliament) vs. Article 194 (State Legislatures)
This table provides a direct comparison between the parliamentary privileges granted to the Union Parliament (Article 105) and State Legislatures (Article 194), a common point of confusion and a high-value comparison for UPSC.
| Aspect | Article 105 (Parliament) | Article 194 (State Legislatures) |
|---|---|---|
| Scope | Powers, privileges, and immunities of the Houses of Parliament, and of the members and committees thereof. | Powers, privileges, and immunities of the Houses of the Legislature of a State, and of the members and committees thereof. |
| Freedom of Speech | Guarantees freedom of speech in Parliament; no liability for anything said or vote given. | Guarantees freedom of speech in State Legislatures; no liability for anything said or vote given. |
| Immunity for Publication | No liability for publication by or under authority of either House of Parliament. | No liability for publication by or under authority of a House of State Legislature. |
| Source of Privileges (Interim) | Until codified by Parliament, they are those of the UK House of Commons as of Jan 26, 1950. | Until codified by State Legislature, they are those of the UK House of Commons as of Jan 26, 1950. |
| Applicability | Union level (Lok Sabha, Rajya Sabha). | State level (Legislative Assembly, Legislative Council). |
Article 105: Clauses & Significance
This mind map breaks down the specific clauses of Article 105, explaining their individual importance and collective role in defining parliamentary privileges in India.
Article 105 (Parliamentary Privileges)
- ●Clause (1): Freedom of Speech
- ●Clause (2): Immunity for Publication
- ●Clause (3): Source of Privileges (Interim)
- ●Clause (4): Extends to Others
- ●Overall Significance
हालिया विकास
3 विकासThe interpretation of Article 105(2) regarding freedom of speech has been a subject of judicial scrutiny, particularly in cases involving bribery for votes (e.g., P.V. Narasimha Rao vs. State (CBI/SPE), 1998, and the subsequent reference to a larger bench in 2023).
The lack of codification under Article 105(3) continues to be a point of debate, with arguments for and against codification.
Incidents of breach of privilege and contempt of Parliament are dealt with under the powers derived from this article.