{"id":226149,"date":"2023-02-11T20:12:09","date_gmt":"2023-02-11T14:42:09","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=226149"},"modified":"2023-02-20T13:18:43","modified_gmt":"2023-02-20T07:48:43","slug":"article-105-of-constitution-the-limits-to-free-speech-in-parliament-and-what-supreme-court-has-ruled","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/article-105-of-constitution-the-limits-to-free-speech-in-parliament-and-what-supreme-court-has-ruled\/","title":{"rendered":"Article 105 of Constitution: The limits to free speech in Parliament, and what Supreme Court has ruled"},"content":{"rendered":"\n

Source<\/strong>: The post is based on the article\u00a0\u201c<\/strong>Article 105 of Constitution: The limits to free speech in Parliament, and what Supreme Court has ruled<\/strong>\u201d published in The Indian Express<\/strong> on\u00a011th<\/sup> February 2023<\/strong>.<\/p>\n

Syllabus: GS 2 \u2013 Indian Polity<\/strong><\/p>\n

Relevance: <\/strong>Parliamentary Privileges and associated concerns<\/strong><\/p>\n

News<\/strong>: Members of Parliament enjoy certain privileges and powers under Article 105. This article provides insights into those privileges and the limitations.<\/p>\n

What is Article 105?<\/strong><\/h2>\n

Under Article 105, Members of Parliament are exempted from any legal action for any statement made or act done in the course of their duties.<\/strong> For example<\/strong>, a defamation suit cannot be filed for a statement made in the House.<\/p>\n

This immunity extends to certain non-members as well<\/strong>, such as the Attorney General for India or a Minister who may not be a member but speaks in the House.<\/p>\n

If an MP exceeds its speech limit, then it is duty of the Speaker or the House<\/strong> to deal with it.<\/p>\n

However, the article also has restrictions such as Article 121 prohibits<\/strong> any discussion in Parliament regarding the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties.<\/p>\n

How did this idea of privilege originate?<\/strong><\/h2>\n

The Government of India Act, 1935<\/strong> first brought this provision to India with references to the powers and privileges enjoyed by the House of Commons in Britain.<\/p>\n

However, unlike India where the Constitution is supreme, Britain follows Parliamentary supremacy.<\/p>\n

What are the various judgments of court related to parliamentary privileges?<\/strong><\/h2>\n

The SC in \u2018Tej Kiran Jain v N Sanjiva Reddy\u2019 (1970)<\/em>, ruled that the word \u201canything\u201d in Article 105 has wide interpretations.<\/p>\n

Further, the SC in the case of \u2018P V Narasimha Rao vs. State\u2019 (1998) <\/em>ruled that the ordinary law would not apply<\/strong> to the acceptance of a bribe by an MP in case of parliamentary proceedings.<\/p>\n

The court interpreted Article 105(2) and said that it protects MPs against proceedings in court related to anything said or a vote given in the Parliament.<\/strong><\/p>\n

The court further said that it will allow MPs to participate fearlessly in the Parliamentary debates<\/strong> and they need wider protection of immunity against all civil and criminal proceedings that bear a nexus to their speech or vote.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on the article\u00a0\u201cArticle 105 of Constitution: The limits to free speech in Parliament, and what Supreme Court has ruled\u201d published in The Indian Express on\u00a011th February 2023. Syllabus: GS 2 \u2013 Indian Polity Relevance: Parliamentary Privileges and associated concerns News: Members of Parliament enjoy certain privileges and powers under Article… Continue reading Article 105 of Constitution: The limits to free speech in Parliament, and what Supreme Court has ruled<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[212,10500],"class_list":["post-226149","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-2","tag-indian-express","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/226149","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=226149"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/226149\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=226149"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=226149"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=226149"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}