📜 Article 194 of the Indian Constitution
Title: Powers, privileges, and immunities of the State Legislatures and their members
🔹 Text Summary:
Article 194 grants powers, privileges, and immunities to the State Legislature, its members, and committees, similar to those of the British House of Commons, until defined by law.
📌 Clause-wise Breakdown:
| Clause | Provision |
|---|---|
| (1) | Freedom of speech in the State Legislature is guaranteed to every member. |
| ✅ This freedom is not liable to legal proceedings in any court. | |
| (2) | No member shall be liable in court for: |
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Anything said in the Legislature
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Any vote given
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Any report or proceeding published under authority of the House |
| (3) | State Legislature and its members have the same powers, privileges and immunities as the Parliament of India, until defined by State law. |
| (4) | These privileges apply to people with the right to speak or participate, even if they’re not members (like the Advocate General). |
🧠 Key Takeaways:
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Ensures legislative independence by protecting MLAs/MLCs from outside interference.
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Grants immunity from civil/criminal cases for speeches, votes, and conduct within the House.
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Protects freedom of speech in the House under constitutional authority, not Article 19(1)(a).
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Until detailed laws are made by State Legislatures, privileges are same as Parliament's.
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 105 | Powers and privileges of Parliament members |
| 194 | Powers and privileges of State Legislature |
| 361 | Immunity for President and Governors |
🔁 Example Scenarios:
| Action by MLA | Protected under Article 194? |
|---|---|
| Makes controversial speech in Assembly | ✅ Yes |
| Files vote on controversial bill | ✅ Yes |
| Abuses freedom outside the House (public speech) | ❌ No |
| Gets into a fight inside the Assembly | ✅ Internally handled, not judicial |
🏛️ Real-World Relevance:
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Used when MLAs are accused of misconduct inside the House.
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Protects members during heated debates or whistleblowing.
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Limits judicial overreach into legislative proceedings.
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