Article 194 of the Costitution of India with Case law
🔹 Article 194 of the Constitution of India – Powers, Privileges, and Immunities of State Legislatures and Their Members
📘 Bare Text of Article 194
Article 194(1):
Subject to the provisions of this Constitution and the rules and standing orders regulating the procedure of the Legislature, there shall be freedom of speech in the Legislature of every State.
Article 194(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.
Article 194(3):
In other respects, the powers, privileges, and immunities of a House of the Legislature and of the members and committees shall be such as are defined by the Legislature by law, and until so defined, shall be those of the House of Commons of the UK at the commencement of the Constitution.
Article 194(4):
The provisions of clauses (1), (2), and (3) shall apply to persons who have the right to speak or take part in proceedings (e.g., the Advocate-General) but are not members.
🔍 Key Features and Explanation
| Feature | Explanation |
|---|---|
| Freedom of Speech | Members enjoy full freedom to speak in the House, subject to its rules. |
| Immunity from Court Action | Members are protected for anything said/voted inside the House. |
| Privileges undefined by law | Till the State law defines them, they are same as UK House of Commons (1949). |
| Applies to Non-Members | Like Advocate-General, if permitted to participate in proceedings. |
⚖️ Important Case Laws on Article 194
🔹 P.V. Narasimha Rao v. State (CBI/SPE), AIR 1998 SC 2120
Issue: Whether MPs/MLAs can claim immunity from prosecution for bribery in exchange for votes/speech in House.
Held:
Speech and vote in House are protected under Article 105(2)/194(2).
But bribery is not protected, and MLAs/MPs can be tried under corruption laws.
Relevance: Clarified the limits of immunity.
🔹 Keshav Singh Case, AIR 1965 All 349 (Full Bench)
Issue: Legislative Assembly’s power to punish for contempt vs. High Court’s jurisdiction.
Held:
Legislature has power to enforce privileges under Article 194(3).
However, judicial review by courts is not entirely ousted.
Relevance: Defined the boundaries of privilege vs. constitutional rights.
🔹 Pandit M.S.M. Sharma v. Shri Krishna Sinha, AIR 1959 SC 395
Facts: A newspaper editor published Assembly speech; Assembly claimed breach of privilege.
Held:
Freedom of speech and press (Art. 19) is subject to legislative privileges under Art. 194(3).
Relevance: Privileges override fundamental rights only to a limited extent.
🔹 Amarinder Singh v. Special Committee, Punjab Vidhan Sabha, (2010) 6 SCC 113
Issue: Former CM’s expulsion by Assembly committee.
Held:
Legislative privilege is not absolute.
Cannot be used for punitive action for past executive acts.
Relevance: Legislature can use privileges only to protect its integrity, not for vindictive action.
📘 Summary Table
| Clause | Subject | Effect |
|---|---|---|
| 194(1) | Freedom of speech in State Legislature | Subject to rules |
| 194(2) | Immunity for speech and vote in House | No court proceedings |
| 194(3) | Powers and privileges | Like UK’s House of Commons until State defines |
| 194(4) | Extends to non-members (e.g., AG) | If allowed to speak |
🏛️ Comparison with Article 105
Article 105 applies to Parliament (Lok Sabha & Rajya Sabha),
Article 194 applies to State Legislatures (Vidhan Sabhas & Parishads).
Both are almost identical in language and purpose.
✅ Conclusion
Article 194 is central to ensuring the autonomy, dignity, and efficient functioning of State Legislatures. It grants necessary freedoms and protections to MLAs and others participating in proceedings. However, courts have repeatedly clarified that these privileges are not above the Constitution, and judicial review is available when fundamental rights or constitutional processes are breached.
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