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Constitution of India · Part V: The Union · Members

Article 105: Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof

In plain words

There is freedom of speech in Parliament, subject to the Constitution and its rules. No member can face court proceedings for anything said or any vote given in Parliament or its committees, and no one can be sued for publishing a report, paper, votes or proceedings by or under the authority of either House.

  • Other powers, privileges and immunities of each House, its members and committees are as Parliament defines by law, and until then as they were just before section 15 of the Constitution (Forty-fourth Amendment) Act, 1978 came into force.
  • These protections also cover people who have the right to speak in Parliament, such as Ministers and the Attorney-General.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

(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, 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.

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the article 105