Articles 105 and 194

In one line

Four clauses each, identical for Parliament and for a State: freedom of speech in the House, immunity for anything said or any vote given, whatever privileges the House had on 20 June 1979 until a law defines them, and the same protection for anyone entitled to take part in proceedings.

In the wording a student can write in an exam: article 105(1) confers freedom of speech in Parliament subject to the provisions of the Constitution and to the rules and standing orders regulating its procedure; article 105(2) provides that no member 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 that no person shall be so liable in respect of the publication by or under the authority of either House of any report, paper, votes or proceedings; article 105(3) provides that in other respects the powers, privileges and immunities of each House and of its members and committees shall be such as may from time to time be defined by Parliament by law and, until so defined, shall be those held immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act 1978; and article 105(4) applies the three clauses to persons who by virtue of the Constitution have the right to speak in and otherwise take part in the proceedings of a House or a committee; and article 194 makes identical provision for a State Legislature, its clause (3) referring to section 26 of the same amending Act.

Clause (1): freedom of speech in the House

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.

It is not article 19(1)(a), and the difference is the point. The freedom of speech in article 19(1)(a) belongs to a citizen and is subject to the reasonable restrictions in article 19(2). The freedom in article 105(1) belongs to a member in the House and is subject to the Constitution and to the rules and standing orders. So a member's speech in the House is limited by the Speaker and by the rules, and not by the law of defamation, sedition or contempt of court.

And the reverse is equally true. Outside the House a member has exactly the freedom a citizen has, and no more.

Clause (2): the immunity, in two limbs

Limb one, the member. 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.

Limb two, the publisher. 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.