An M.P. while speaking in the House of People (Lok Sabha) on a motion made defamatory remarks against another member. Can that other member sue him for Defamation? Explain.

Facts of the Case

A Member of Parliament (MP) while participating in a debate in the Lok Sabha made certain defamatory statements against another MP. The statements allegedly harmed the reputation and dignity of the aggrieved member. The aggrieved member considers filing a civil or criminal suit for defamation against the MP who made the remarks. The dispute concerns whether the MP is legally liable for such statements made inside the House of the People.

Issues in the Case

1. Whether an MP can be held liable for defamatory statements made during parliamentary proceedings?
2. Do constitutional privileges protect MPs from legal proceedings in such cases?
3. Does Article 105 of the Constitution grant absolute immunity for speeches in Parliament?
4. What remedies, if any, are available to the aggrieved member?

Legal Principles Covered

1. Article 105(1) and (2) of the Constitution of India
   • Members of Parliament enjoy freedom of speech in Parliament.
   • No MP shall be liable to any proceedings in any court for anything said or any vote given in Parliament.
   • This privilege is intended to allow MPs to express views freely for effective functioning of the legislature without fear of civil or criminal liability.
2. Parliamentary Privileges under Article 105
   • These privileges are absolute regarding statements made inside the House.
   • They override general laws such as the law of defamation (Indian Penal Code, 1860 and Law of Torts).
3. Case Law Reference
   • Tej Kiran Jain v. N. Sanjiva Reddy (1970): The Supreme Court held that MPs have complete immunity against court proceedings for anything said within Parliament.
   • The Court observed that any derogatory, harsh, or defamatory words spoken in the House cannot be questioned before the court.
4. Internal Parliamentary Remedies
   • If statements violate parliamentary discipline or decorum, the Speaker of the Lok Sabha may take action like:
     • Ordering the member to withdraw remarks
     • Suspending the member
     • Imposing other disciplinary measures under Rules of Procedure and Conduct of Business in Lok Sabha

Possible Judgment / Conclusion

The MP cannot be sued for defamation in any court for remarks made within the Lok Sabha due to the constitutional immunity granted under Article 105(2) of the Constitution of India. The remarks, even if defamatory, are protected, and therefore, no civil or criminal action lies against the MP in a court of law.

However, the aggrieved member may seek redress within the House, by requesting the Speaker to expunge the remarks or take disciplinary action.

Therefore, the defamation suit is not maintainable, and the proper remedy lies within the parliamentary framework, not in the courts.

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Discover how Article 105 of the Indian Constitution protects Members of Parliament from defamation suits for statements made during parliamentary debates. Learn the significance of parliamentary privilege and how it ensures free and fearless speech in legislative proceedings. Understand the landmark judgment in Tej Kiran Jain v. N. Sanjiva Reddy (1970), which clarified the absolute immunity granted to MPs. Find out the internal remedies available through the Speaker’s disciplinary powers and the Rules of Procedure. Visit Lawgnan.in to explore more on constitutional privileges, legislative immunity, and parliamentary accountability in India.