The Indian Constitution provides several fundamental rights and protections to citizens of India. One of the unique provisions provided in the Constitution is the immunity provided to Members of Parliament and certain other individuals who are allowed to speak in the Parliament, under Article 105. This article provides a balance between protecting the rights of those speaking in Parliament and maintaining the independence and responsibility of the Parliament as a whole.
Protection from Legal Action
Article 105 provides protection from legal action for anything said or done during the course of their parliamentary duties to Members of Parliament and certain other individuals like the Attorney General for India. This protection extends to individuals speaking in either the Lok Sabha or the Rajya Sabha, and includes protection from defamation suits.
The Aim of Article
The aim is of this immunity is to allow these individuals to freely carry out their duties without the fear of legal consequences. This provision provides a platform for free speech and open debates, which is vital for the functioning of a democratic Parliament. It allows Members of Parliament to speak their minds without being held back by the fear of legal action, thereby promoting accountability and transparency in the parliamentary process.
Subject to Rules and Regulations
Although the immunity provided under Article 105 offers protection to Members of Parliament and other individuals, they are still subject to the rules and regulations set by the Parliament and the Constitution. This means that if they violate any of these rules, they can face consequences such as being censured or expelled from the Parliament.
For example, if a Member of Parliament uses unparliamentary language or makes false statements, they can be reprimanded or expelled from the Parliament. This shows that the Parliament has the power to hold its members accountable for their actions, even if they have the protection of Article 105.