Parliamentary Privileges

Article 105 of the Constitution of India defines the powers, privileges, and immunities of the Houses of Parliament and their members. Under Article 105(1), every member has freedom of speech in Parliament, subject to constitutional provisions and parliamentary rules. Article 105(2) provides that no MP shall be liable to any proceedings in any court for anything said or any vote cast in Parliament or its committees — this is the core of parliamentary immunity from judicial review of legislative conduct. Article 105(3) provides that until Parliament codifies its privileges by law, the privileges existing at the commencement of the Constitution (as amended by the 44th Amendment, 1978) continue to apply, largely based on the pre-1978 practice corresponding to those of the House of Commons of the United Kingdom.