The relevant provision of the Constitution relating
to powers, privileges and immunities of the members
of Parliament and State Legislatures is incorporated
under Article 105 & Article 194 respectively.
These Articles provide that:
(1) Subject to the provisions of the Constitution
and to the rules and standing orders regulating
the procedure of the Legislatures, there
shall be freedom of speech in the Legislature
of the Union and of every State.
(2) No member of any Legislature shall be liable
to any proceedings in any court in respect
of anything said or any vote given by
him in the Legislature or any committee
thereof, and no person shall be so liable in
respect of the publication by or under the
authority of a House of such a Legislature of
any report, paper, votes or proceedings.
(3) In other respects, the powers, privileges and
immunities of a House of any Legislature,
and of the members and committees of a
House of such Legislature, shall be such as
may from time to time be defined by that
Legislature 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 26 of the Constitution
(Forty-fourth Amendment) act, 1978.
It must be noted that although the Constitution
(Forty-fourth amendment) Act, 1978 omitted reference
to the British House of Commons for the purpose
of determining the powers and privileges of
Houses of Parliament in India, in the absence of
enactment of any law defining them, these privileges,
in effect, remained the same as those of the
British House of Commons at the commencement
of the Constitution.
