📜 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.
Follow Us