Introduction

The Indian Constitution is a comprehensive document that lays down the framework for the functioning of the government and its various institutions. One of the crucial aspects of the Constitution is the powers and privileges granted to the Houses of Parliament and its members. Article 105 of the Indian Constitution specifically deals with these powers and privileges, ensuring the smooth functioning of the legislative body.

Understanding Article 105

Article 105 of the Indian Constitution grants certain powers and privileges to the members of Parliament and the committees formed by them. These powers and privileges are essential for the effective functioning of the legislative body and are aimed at safeguarding the independence and integrity of its members.

According to Article 105, the powers and privileges of the Houses of Parliament and its members are as follows:

1. Freedom of speech and expression

Article 105 provides members of Parliament with the freedom of speech and expression within the House. This means that they have the right to express their opinions, thoughts, and ideas without fear of prosecution or legal action. This freedom allows members to engage in debates, discussions, and deliberations on various matters of national importance.

However, it is important to note that this freedom is subject to certain restrictions imposed by the Speaker or the Chairman of the House. The Speaker or the Chairman has the authority to maintain order and decorum within the House and can take necessary action if a member's speech is deemed inappropriate or against the rules of the House.

2. Immunity from legal proceedings

Article 105 grants members of Parliament immunity from any legal proceedings for their speeches or votes in the House. This immunity ensures that members can express their views without fear of being held accountable in a court of law.

However, it is important to understand that this immunity does not grant members complete immunity from all legal proceedings. Members can still be held accountable for any criminal offenses they commit outside the House.

3. Freedom from arrest

Article 105 provides members of Parliament with freedom from arrest in civil cases during their attendance at the House and while going to or returning from the House. This privilege is essential to ensure that members can discharge their duties without any hindrance or interference.

However, it is important to note that this privilege does not grant members complete immunity from arrest. Members can still be arrested in criminal cases or if a warrant has been issued against them.

4. Right to publish parliamentary proceedings

Article 105 grants members of Parliament the right to publish the proceedings of the House. This right enables members to share information and updates with the public, ensuring transparency and accountability in the legislative process.

However, it is important to note that this right is subject to certain restrictions imposed by the Speaker or the Chairman of the House. The Speaker or the Chairman can restrict the publication of certain proceedings if it is deemed necessary in the interest of national security or public order.

5. Powers and privileges of committees

Article 105 also extends the powers and privileges granted to the members of Parliament to the committees formed by them. This ensures that the committees can function effectively and independently in their respective areas of jurisdiction.

The powers and privileges of the committees include the freedom to call witnesses, demand documents, and conduct inquiries. These powers are crucial for the committees to carry out their responsibilities and fulfill their mandate.

Importance of Article 105

Article 105 plays a vital role in upholding the democratic principles of the Indian Constitution. By granting powers and privileges to the Houses of Parliament and its members, it ensures the smooth functioning of the legislative body.

The freedom of speech and expression provided by Article 105 allows members to voice their opinions and represent the interests of their constituents. This freedom is essential for a healthy democracy as it encourages open debates and discussions on matters of national importance.

The immunity from legal proceedings and freedom from arrest granted by Article 105 protect the independence and integrity of the members of Parliament. It ensures that they can discharge their duties without any fear of retribution or interference from external forces.

The right to publish parliamentary proceedings provided by Article 105 promotes transparency and accountability in the legislative process. It allows the public to stay informed about the decisions and actions taken by their elected representatives.

Furthermore, the extension of powers and privileges to the committees formed by the members of Parliament ensures their effectiveness and independence. It enables the committees to carry out their responsibilities and contribute to the legislative process.

Conclusion

Article 105 of the Indian Constitution is a crucial provision that grants powers and privileges to the Houses of Parliament and its members. These powers and privileges are essential for the smooth functioning of the legislative body and the effective discharge of its duties.

By providing freedom of speech and expression, immunity from legal proceedings, freedom from arrest, and the right to publish parliamentary proceedings, Article 105 upholds the democratic principles of the Indian Constitution.

Furthermore, the extension of powers and privileges to the committees formed by the members of Parliament ensures their independence and effectiveness in carrying out their responsibilities.

Overall, Article 105 plays a significant role in safeguarding the independence, integrity, and effectiveness of the Houses of Parliament and its members, thereby contributing to the democratic fabric of the nation.