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manumaha   28 March 2017

Aritcle 105

As per the article 105, it is said that any parliamentarian cannot be prosectued for any kind of promise made in the parliament. what does that mean? And no person shall be liable in respect of publication of any report, paper,votes or proceedings. what does this mean?


 3 Replies

Sudhir Kumar, Advocate (Advocate)     18 April 2017

what is your query.

State facts of the case if any.

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Achyut kulkarni   26 January 2021

Hello, Article 105 of the Constitution Of India 1949 states :

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 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.


The question here lies with Section 2 of this Article, it grants immunity to Members of Parliament in certain cases. This article deals with the freedom of speech vested to the Member of Parliament. Article 105 (2) confers immunity, inter alia, in respect of anything said in Parliament the word anything is of the widest import and is equivalent to everything. The only limitation arises from the words in Parliament, which means during the sitting of Parliament and in the course of business of Parliament. Once it was proved that Parliament was sitting and its business was transacted, anything said during the course of that business was immune from proceedings in any court. This immunity is not only complete but it is as it should be a much-publicized matter involving former Prime Minister, several ministers, Members of Parliament and others a divided Court, in P.V.Narsimha Rao v. State, has held that the privilege of immunity from courts proceedings in Article 105 (2) extends even to bribes taken by the Members of Parliament for the purpose of voting in a particular manner in Parliament.  

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