Article 194 of Constitution of India – Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.
Article 194 of Constitution of India deals with Powers, privileges, etc., of the Houses of Legislatures and of the members and committees thereof.
Original Text of Article 194 of Constitution of India
(1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature of every State.
(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 under the authority of a House of such a Legislature of any report, paper, votes or proceedings.
(3) In other respects, the powers, privileges and immunities of a House of the Legislature of a State, and of the members and the committees of a House of such Legislature, shall be such as may from time to time be defined by the Legislature by law, and, until so defined, 2[shall be those of that House and of its members and committees immediately before the coming into force of section 26 of the Constitution (Forty-fourth Amendment) Act, 1978].
(4) The provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of the Legislature of a State or any committee thereof as they apply in relation to members of that Legislature.
Questions related to Article 194 of Constitution of India
Article 194 outlines the powers, privileges, and immunities of the State Legislatures, their members, and committees, ensuring they can function independently, as per the Constitution of India.
Yes, members of State Legislatures enjoy similar privileges as Parliament members, including freedom of speech in the House and immunity from legal action for anything said or a vote cast, as mentioned in the Articles of Indian Constitution.
No, Article 194 grants them complete protection for anything said or done within the Legislature, and this cannot be challenged in court, as reinforced in various cases available on Indian Kanoon.
A breach of privilege—by a member or outsider—can result in punishment by the House itself, which may include reprimand, suspension, or imprisonment, as per legislative procedures defined in the Indian Constitution.
You can refer to Indian Kanoon for case laws and constitutional commentary explaining how Article 194 has been applied in real cases involving freedom of speech, contempt, and breach of privilege in State Legislatures.
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