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What is Article 194 of indian constitution

 

📜 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:
  • Anything said in the Legislature

  • Any vote given

  • 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:

  • Ensures legislative independence by protecting MLAs/MLCs from outside interference.

  • Grants immunity from civil/criminal cases for speeches, votes, and conduct within the House.

  • Protects freedom of speech in the House under constitutional authority, not Article 19(1)(a).

  • 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:

  • Used when MLAs are accused of misconduct inside the House.

  • Protects members during heated debates or whistleblowing.

  • Limits judicial overreach into legislative proceedings.