178 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
210 THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948
Penalty for sitting and voting before making declaration under article
165 or when not qualified or when disqualified.
Privileges, etc, of members.
(b) he is a minister for any State for the time being specified in Part III of the First Schedule, if he is responsible to the Legislature of the State, or where there are two Houses of the Legislature of the State, to the Lower House of such Legislature and if not less than three-fourths of the members of such Legislature or House, as the case may be, are elected.
- If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 165 of this Constitution, or when he knows that he is not qualified or that he is disqualified for membership thereof or that he is prohibited from so doing by the provisions of any law made by the Legisture of the State, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State.
Privileges and Immunities of Members
- (1) Subject to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature of every 25
(2) No member of the Legislature of a State 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 30 under the authority of a House of such a Legislature of any report, paper, votes or proceedings.
(3) In other respects the privileges and immunities of members of a House of the Legislature of a State shall be such as may from time to time be de- 35 fined by the Legislature by law, and until so defined shall be such as are enjoyed by the members of the House of Commons of the Parliament of the United Kingdom at the commencement of this Constitution. 40
(4) The provisions of clauses (1), (2) and (3) of this article shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise take part in the proceedings of, a House of the Legislature of a State as they apply in 45 relation to members of that Legislature.
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