Article 105
Also: powers, privileges and immunities of MPs
Background and evolution
Members need to speak and vote without fear of being sued or prosecuted. The Constitution borrowed this idea from the British Bill of Rights of 1689, which says freedom of speech in Parliament ought not to be questioned in any court. Article 105 sets out the core immunity and leaves the rest of the privileges to be defined by law. Parliament has never codified privileges, so they remain those that existed when the 44th Amendment took effect, which in turn traced to the British House of Commons.
The focus of this page is the text and the immunity of individual MPs, especially the bribery question. The wider system of privileges, committees and breach procedures is covered on the parliamentary privileges page.
Key features and provisions
- Freedom of speech in the House: subject to rules, such as bans on discussing judges' conduct (Article 121) and on sub judice matters.
- Immunity for speech and votes: no civil or criminal case lies for anything said or vote given in Parliament or a committee.
- Publication immunity: no liability for publication of reports, papers or proceedings by authority of the House.
- Non-members: ministers who are not MPs and the Attorney General get the same protection while speaking.
- Uncodified privileges: Article 105(3) leaves definition to Parliament.
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Last reviewed: 23 October 2026 · Original UPSCPrep.in content.