Article 105: Powers, privileges, etc., of the Houses of Parliament and of the members and committees there of –
- Subject to the Constitution and parliamentary rules, members have freedom of speech in Parliament.
- MPs are not liable in court for anything said or voted on in Parliament or its committees, nor for any publication by Parliament.
- The powers, privileges, and immunities of Parliament and its members will be defined by law and, until then, are those in effect before the Constitution (Forty-fourth Amendment) Act 1978.
- These provisions apply equally to those with the right to speak or participate in Parliament as they do to MPs.
- The first special session of the 18th Lok Sabha saw heated discussions, with the Opposition clashing with the government over various issues. The session concluded with a dispute over the expunction of remarks by Opposition leaders in both Houses.
- Expunction of Remarks in Parliament
- Parliament maintains a verbatim record of proceedings, with MPs enjoying certain privileges under Article 105 of the Constitution.
- However, words deemed “defamatory, indecent, unparliamentary, or undignified” can be expunged by the presiding officer—Chairman in the Upper House and Speaker in the Lower House.
- Chairman and Speaker can expunge remarks under Rule 261 (Rajya Sabha) and Rules 380 and 381 (Lok Sabha).
- Expunged portions are marked by asterisks with footnotes, and a comprehensive list is circulated to media outlets.
- The Lok Sabha Secretariat keeps a comprehensive list of ‘unparliamentary’ words and expressions.
- Rules ensure discipline, and when the Chair deems a word unparliamentary, it must be withdrawn immediately without debate.
- Speakers can order the expunction of words prejudicial to national interest, detrimental to foreign relations, derogatory to dignitaries, offensive to national sentiments, or likely to bring the House into ridicule.
- Members must withdraw objectionable remarks irrelevant to the debate upon the Chair’s request, or face expunction.
- Quoting unreferenced documents or speaking after being asked to desist can also lead to expunction.
- Remarks Against MPs
- Rule 353 of the Lok Sabha outlines the procedure for allegations against colleagues or outsiders, requiring advance notice for inquiry.
- The rule does not apply to allegations against government ministers, as Parliament holds them accountable.
Dig Deeper: Read about the Loksabha Secretariat, its role and responsibilities.
