Article 78 Parliamentary privilege and immunity
Privileges and immunities of Parliament and members
Free debate needs MPs to speak without fear of lawsuits. At the same time, the protection covers only what happens in Parliament, so statements outside the House remain subject to ordinary law, including defamation.
During a debate, an MP accuses a company or official of wrongdoing. Under Article 78(3), the MP cannot be sued or prosecuted in any court for those words because they were spoken in Parliament. The same applies to remarks in a committee.
The Speaker rules a member out of order or orders the member to withdraw. Clause (2) means this exercise of the Speaker's power cannot be challenged in a court, because it regulates Parliament's own business.
Parliament publishes the record of the debate. Clause (4) protects anyone from proceedings over a report, paper, vote or proceeding published by or under the authority of Parliament. Newspapers reprinting it on their own account are not expressly covered.
Courts will not examine the internal validity of proceedings under clause (1). They can still review whether an Act itself complies with the Constitution, because Article 78 protects proceedings, not unconstitutional laws. This is how amendments have been struck down.
In plain English
How Article 78 works
Article 78 protects Parliament's independence from the courts. Courts cannot question whether Parliament's proceedings were valid. The Speaker and other members or officers who regulate procedure, conduct business or keep order are not subject to the courts in using those powers. An MP cannot be sued or prosecuted for anything said or any vote given in Parliament or a committee. No one can be sued over a report, paper or record published by or under Parliament's authority. Parliament may set out its other privileges by Act.
In practice
Article 78 is often raised when MPs' speeches in the House are criticised or when Speaker's rulings are challenged, and courts generally decline to interfere with internal proceedings. The Supreme Court nonetheless reviews the constitutionality of Acts and amendments, as in the Eighth, Fifth, Thirteenth, Fifteenth and Sixteenth Amendment cases, because clause (1) shields proceedings rather than the substance of laws. Parliament's privileges are dealt with largely through the Rules of Procedure and the Committee of Privileges.
The text
What Article 78 says
78. (1) The validity of the proceedings in Parliament shall not be questioned in any court.
(2) A member or officer of Parliament in whom powers are vested for the regulation of procedure, the conduct of business or the maintenance of order in Parliament, shall not in relation to the exercise by him of any such powers be subject to the jurisdiction of any court.
(3) A member of Parliament shall not be liable to proceedings in any court in respect of anything said, or any vote given, by him in Parliament or in any committee thereof.
(4) A person shall not be liable to proceedings in any court in respect of the publication by or under the authority of Parliament of any report, paper, vote or proceeding.
(5) Subject to this article, the privileges of Parliament and of its committees and member may be determined by Act of Parliament.
English text as published on the official Laws of Bangladesh website. The Bangla text is authoritative (Article 153). Where a court has changed the position, the status note above explains it.
Connected provisions
Related articles
Questions
Article 78: frequently asked questions
Can an MP be sued for what they say in Parliament?
No. Article 78(3) provides that a member of Parliament is not liable to proceedings in any court for anything said, or any vote given, in Parliament or any of its committees. Statements made outside Parliament are not covered.
Can courts review an Act of Parliament despite Article 78?
Yes. Article 78(1) bars courts from questioning the validity of proceedings in Parliament, but courts can still decide whether an Act or amendment is consistent with the Constitution under Article 7 and Article 26.
Sources
This guide explains the Constitution for general understanding. It is not legal advice. Constitutional reform proposals under discussion in 2026 are described as proposals until enacted.
Constitutional and writ practice
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