Article 105 of the Indian Constitution is a fundamental provision that defines the Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof. This concept of Parliamentary Privileges ensures the independence, dignity, and effective functioning of the legislative body. The historical roots of these privileges trace back to medieval times, intended to protect legislative bodies from external interference. In the Indian context, the concept evolved from the Charter Act 1833 and was further developed under the Government of India Act 1935. The draft provision, originally Draft Article 85, was debated in the Constituent Assembly on May 19, 1949, and October 16, 1949.
The core mechanism of the Article is detailed in its clauses. Article 105(1) guarantees freedom of speech in Parliament. Crucially, Article 105(2) grants immunity, stating that 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. This immunity also extends to any person in respect of the publication of any report or proceedings authorized by either House.
This provision is closely connected to Article 194, which extends similar privileges to the members of State Legislatures. It also works in tandem with Article 122, which bars courts from inquiring into the validity of parliamentary proceedings on the ground of procedural irregularity.
A significant change occurred recently on March 4, 2024, when a seven-judge Constitution Bench of the Supreme Court unanimously overruled its 1998 judgment in P.V Narasimha Rao v. State. The 1998 ruling had held that legislators who accepted bribes to vote or speak in the House were protected by the immunity under Article 105(2). The 2024 judgment clarified that MPs and MLAs cannot claim immunity from prosecution for accepting a bribe, as this is a criminal act separate from the legislative function and does not fall within the scope of parliamentary privilege. Thus, the protection for speech and vote remains, but the immunity for bribery linked to them has been removed.