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Article 105 Of Indian Constitution In English
Article 105 – Powers, privileges, etc of the Houses of Parliament and of the members and committees thereof.
(1) Subject to the provisions of this constitution and 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.
Article 105 In English
105 Article – Powers, privileges etc. of the Houses of Parliament and its members and committees.
(1) Subject to the provisions of this Constitution and 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 for any proceeding in any court in respect of anything said by him or any vote given by him in Parliament or any committee thereof, and no person shall be liable for any proceedings by him or shall not be so liable in respect of the publication thereunder of any report, paper, vote or proceeding of either House of Parliament.
(3) In other cases, the powers, privileges and immunities of each House of Parliament and of the members and committees of each House shall be such as may from time to time be defined by Parliament by law, and until The definitions of that House and its members and committees shall be defined immediately before the commencement 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 and otherwise take part in the proceedings of the House. Parliament or any committee thereof as they apply in relation to Members of Parliament.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 105 Of Indian Constitution?
Article 105 Debate Summary
The draft Article 85 (Article 105, Constitution of India, 1950) was debated on 19 May 1949 and 16 October 1949. It provided privileges and immunities to the Parliament and its members. A member moved an amendment to insert ‘or any committee thereof’ in clause 4. He argued that immunity under this draft article should be granted not only to members of Parliament, but also to non-members, who may be part of any. Committee constituted by Parliament.
He hypothesized that committees would convene experts and other professions to testify and that such persons should have similar parliamentary privileges. This amendment was adopted. Another member proposed the addition of a new clause that would make Parliament the final judge on any issue of privilege and such orders passed would be enforceable by the officers of Parliament.
The assembly rejected the proposal. One member was concerned about the impact of this draft article on the freedom of the press. He said that the press should have an equal right to any speech or action that Parliament can publish. The Draft Article’s disregard for the freedom of the press was a shortcoming that needed to be addressed.
He further objected to clause (3) which held that Members of Parliament enjoyed the privileges of members of the House of Commons of the Parliament of the United Kingdom. He said that the privileges of the members of the House of Commons were not codified in a single statute. Instead there was precedent that could be understood through common law textbooks.
This would put a heavy burden on Indian parliamentarians, as they would have to hire or take help of English lawyers to better understand their privileges. A member of the drafting committee noted that members of the House of Commons enjoyed ‘broad privileges’. If the constitution were to encode only the existing privileges of provincial legislatures, it would be restrictive: the right to punish a person for contempt of parliament would be absent.
He further clarified that the Australian and Canadian constitutions had the same direct reference to the House of Commons. The Constituent Assembly adopted the draft Article in a modified form on 19 May 1949. In addition, the Assembly accepted minor amendments on 16 October 1949.
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