Article 105 of CoI : Article 105: Powers, Privileges, Etc., Of The Houses Of Parliament And The Members And Committees Thereof
CoI
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Explanation using Example
Imagine a Member of Parliament (MP) during a heated debate on a bill regarding environmental protection. The MP, while speaking in the house, makes strong allegations against a corporation for its alleged role in polluting a river. Under Article 105(1), the MP has the freedom to speak his mind without fear of legal repercussions in the context of the debate.
Later, a newspaper reports on the debate and includes the MP's allegations. If the corporation decides to sue for defamation, Article 105(2) protects the MP from any legal proceedings regarding the statements made in Parliament. Additionally, the newspaper is also protected for publishing the speech under the authority of the house.
As per Article 105(3), if there are any questions about the extent of these privileges, they will be determined by Parliament itself or will default to the privileges that existed before the 44th Amendment, until Parliament defines them otherwise.
Finally, Article 105(4) extends these protections not only to MPs but also to other individuals such as experts or stakeholders who have been granted the right to speak in Parliament or its committees on specific issues, ensuring they too can participate without legal intimidation.