Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof
Article 105 — Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof
- Powers, privileges, etc., of the Houses of Parliament and of the members and committees thereof.—(1) Subject to the provisions of this Constitution and to 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, 2[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.
Plain English Summary
This article establishes the freedoms and protections for the Parliament, its members, and its committees. It ensures that members can speak freely in Parliament without fear of legal action for what they say or vote on, and sets out the specific powers and immunities of each House.
Key Points
- Parliament has freedom of speech within its proceedings, subject to established rules.
- Members of Parliament cannot be sued in court for anything they say or vote in Parliament or in a committee.
- The specific powers and privileges of Parliament and its members are defined by law made by Parliament itself.
- These protections apply to anyone who has the right to participate in parliamentary proceedings.
Why It Matters
This article is crucial because it guarantees that lawmakers can debate and express their views freely without facing personal legal repercussions, ensuring a robust legislative process.
Landmark Judgements
No major landmark judgements.