Article 105 of the Indian Constitution

Context: Recently, the Congress President cited Article 105 of the Constitution that deals with the privileges and powers of parliamentarians, to protest against the expunction of parts of his speech.

About Article 105 of the Constitution:

• Article 105 pertains to the powers, privileges, etc, of Parliament, its members and committees.
• Article 194, protects the privileges and powers of the houses of legislature, their members and committees in the states.
• Simply put, Members of Parliament are exempted from any legal action for any statement made or act done in the course of their duties.
  • For example, a defamation suit cannot be filed for a statement made in the House.
• This immunity extends to certain non-members as well, such as the Attorney General for India or a Minister who may not be a member but speaks in the House.
• In cases where a Member oversteps or exceeds the contours of admissible free speech, the Speaker or the House itself will deal with it, as opposed to the court.
• The speech of MPs is subject to the discipline of the Rules of Parliament, “good sense” of its Members, and the control of proceedings by the Speaker.
• These checks ensure that MPs cannot use “defamatory or indecent or undignified or unparliamentary words” inside the House.

Source:  Indian Express

Previous Year Questions

Q.1) Consider the following statements:

1. The Constitution of India classifies the ministers into four ranks viz. Cabinet Minister, Minister of State with Independent Charge, Minister of State and Deputy Minister.
2. The total number of ministers in the Union Government, including the Prime Minister, shall not exceed 15 percent of the total number of members in the Lok Sabha.

Which of the statements given above is/are correct? (2022)

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Q.2) Consider the following statements:

1. The President of India can summon a session of the Parliament at such a place as he/she thinks fit.
2. The Constitution of India provides for three sessions of the Parliament in a year, but it is not mandatory to conduct all three sessions.
3. There is no minimum number of days that the Parliament is required to meet in a year.

Which of the statements given above is/are correct?

1. 1 only
2. 2 only
3. 1 and 3 only
4. 2 and 3 only