Which part of the Constitution contains Article 105?

Article 105 is in Part V (The Union), Chapter II — Parliament, under "Powers, Privileges and Immunities of Parliament and its Members".

Has Article 105 been amended?

Yes. Article 105 was changed by the 42nd Amendment Act, 1976, 44th Amendment Act, 1978.

Part V · The Union · Powers, Privileges and Immunities of Parliament and its Members

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

Q: What does Article 105 of the Indian Constitution say?

Article 105 deals with powers, privileges, etc., of the houses of parliament and of the members and committees thereof. (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.

Official text as on 1 May 2024

Text of Article 105

(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.

Words in [square brackets] were inserted or substituted by later amendments (see below). Source: Legislative Department, Ministry of Law and Justice, Government of India

A plain-English explanation of Article 105, landmark judgments and exam facts are being added to this page.

Amendment history

Changed by: 42nd Amendment Act, 1976, 44th Amendment Act, 1978

Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 21 (date to be notified). This amendment was omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 45 (w.e.f. 20-6-1979).
Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 15, for certain words (w.e.f. 20-6-1979).

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