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

Explanation using Example

Example 1:

Scenario: A Member of Parliament (MP) makes a controversial statement during a parliamentary debate.

Application of Article 105:

• Clause (1): The MP has the freedom to speak freely in Parliament without fear of legal repercussions, as long as they follow the rules and procedures of Parliament.
• Clause (2): The MP cannot be sued or prosecuted in any court for the statement made during the parliamentary debate. This immunity also extends to any votes they cast.
• Clause (4): This protection also applies to any other individuals who have the right to speak in Parliament, such as the Attorney General of India.

Outcome: The MP's controversial statement is protected under Article 105, and they cannot face legal action for it outside of Parliament.

Example 2:

Scenario: A journalist publishes a report on the proceedings of a parliamentary committee, including verbatim quotes from MPs.

Application of Article 105:

• Clause (2): The journalist is protected from legal action because the report is published under the authority of the House of Parliament. This means that the publication of the report, including the quotes, is immune from court proceedings.
• Clause (4): The same protection applies to any official reports or papers published by individuals who have the right to participate in parliamentary proceedings.

Outcome: The journalist cannot be sued for defamation or any other legal issue arising from the publication of the parliamentary committee's proceedings.

Example 3:

Scenario: Parliament passes a new law defining additional privileges for its members.

Application of Article 105:

• Clause (3): Parliament has the authority to define new powers, privileges, and immunities for its members and committees. Until such a law is passed, the existing privileges remain in force as they were before the Forty-fourth Amendment Act, 1978.

Outcome: The new law is valid and enforceable, and MPs and parliamentary committees will enjoy the newly defined privileges and immunities.

Example 4:

Scenario: An MP votes against their party's stance on a bill and faces internal party disciplinary action.

Application of Article 105:

• Clause (2): The MP is protected from any legal proceedings in court for the vote they cast in Parliament. However, this protection does not extend to internal party disciplinary actions, as those are governed by the party's rules and not by parliamentary privilege.

Outcome: While the MP cannot be taken to court for their vote, they may still face consequences within their political party, such as suspension or expulsion.